Creditor calls can be stopped by filing either Chapter 13 or Chapter 7 bankruptcy in Georgia. When you file for bankruptcy, the automatic stay protects you from harassment. With the protection of the automatic stay, creditors must stop all collection efforts against you. Harassing phone calls are included in this category. Any creditor that ignores the automatic stay subjects themselves to possible sanctions by the bankruptcy court.
I was speaking with a client from Dallas Georgia the other day who told me that a creditor kept calling her at work. “Please stop calling me at work or I will get fired” she told the nasty creditor. She says he told her that she could not do anything to stop him from calling her at work because he worked for the credit card company.I was speaking with a client from Chatsworth Georgia a few weeks ago who told me that a creditor actually called his neighbor asking him if he had any contact information about him. It can be shocking to discover how aggressive some credit card companies can be when they are trying to collect.
Chapter 13 and Chapter 7 bankruptcy stops these types of calls.
If someone calls you after your bankruptcy case has been filed, you should tell them your case number and the date that the case was filed. If the harassing party continues to call, tell them that you would like their permission to record the conversation so that your bankruptcy attorney can use the recording against them when he seeks damages in court for violating the automatic stay that went into effect as soon as your case was filed.
When you file for bankruptcy, you must list the name and address of every single creditor you owe. After filing, the court sends a notice to every single creditor. If the addresses listed in your petition are correct, any creditor that continues to harass you will have a tough time arguing that they never received notice.
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