If a creditor continues to attempt to collect a debt after the bankruptcy is filed in violation of the automatic stay, you should immediately notify the creditor in writing that you have filed bankruptcy. In addition, you should provide them with either the case name, number and filing date, or a copy of the petition that shows it was filed. If the creditor still continues to try to collect, the debtor may be entitled to take legal action against the creditor to obtain a specific order from the court prohibiting the creditor from taking further collection action. Further, if the creditor is willfully violating the automatic stay, the court can hold the creditor in contempt of court and punish the creditor by fine or incarceration. Any legal action brought against the creditor will be complex and will normally require representation by a qualified bankruptcy attorney.
Speak to an Experienced Creditor Harassment Attorney Today
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified creditor harassment lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local creditor harassment attorney to discuss your specific legal situation.