Protecting Your Rights During Bankruptcy Proceedings
If you are going through a serious financial hardship, the threatening phone calls from debt collectors may be one reason you are considering filing bankruptcy. It is important to know that after you file for bankruptcy, you have rights and protections under federal law that prohibit further abuse by creditors.
With more than 30 years of bankruptcy experience, the attorneys at Janvier Law Firm, PLLC, are here to advocate for your best interests. Whether you are filing Chapter 7 or Chapter 13 bankruptcy, our legal team takes the time to learn about your situation and develop a plan focused on your needs. We will work to protect your rights and identify a strategy that helps strengthen your financial future.
What Can And Can’t Creditors Do?
The automatic stay of bankruptcy means that creditors must immediately cease with any debt collection activities. When a debt collector or creditor violates the automatic stay, you may be able to pursue damages against the creditor in court.
Debt collectors and creditors in North Carolina are forbidden from engaging in a broad range of activities during the bankruptcy process thanks to provisions outlined in the Fair Debt Collection Practices Act (FDCPA). These illegal actions include but are not limited to:
- Continued harassment, or abusive or threatening behavior.
- Making false statements about your debt.
- Telling you that you will be arrested, that your property will be seized or sold, or that they will be taking legal action against you.
- Giving false credit information.
- Misrepresenting documents as having come from the government when they have not.
- Using a false company name.
- Collecting interests on past-due debt.
- Depositing post-dated checks.
- Threatening to take your property unlawfully.
- Falsely representing themselves as an attorney when they are not licensed to practice law.
- Notifying your employer or your co-workers that you owe money.
- Garnishing your wages, unless they file a lawsuit and win in court other than North Carolina. North Carolina judgments cannot be collected by garnishment, with limited exceptions.
- Contacting you by postcard.
Stop The Harassing Phone Calls. Contact Our Firm.
It’s important to remember that ignoring creditors doesn’t make them go away. In fact, this could lead to a lawsuit, which only escalates the situation, which is why it’s always a good idea to talk to a skilled bankruptcy lawyer to get a better idea of your situation, debt relief options and the best path moving forward.
Whether you are interested in learning more about bankruptcy or if you simply are unsure about your rights under bankruptcy laws, we welcome the opportunity to speak with you.
To schedule a consultation with the experienced attorneys at Janvier Law Firm, PLLC, call our office in Raleigh at 919-301-0628 or contact us online. We will help you work toward securing a fresh start and stop the threatening phone calls from creditors.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.