How soon will the creditors stop harassing when you do a bankruptcy?
The minute you hire a law firm, this is even before your case is filed; but the minute you hire a law firm and retain an attorney, you have the ability to refer your creditors to that attorney. Under the Fair Debt Collection Practices Act, once a creditor is made aware that you are filing for bankruptcy or that you have representation to file bankruptcy, they are prohibited from contacting you and they must go through your attorney.
The great thing about this is that the minute that you hire my law firm, you are going to be listed on our computer system and you have the ability at that point to refer creditors to us. So a lot of people don’t answer their phone because they know it’s a bill collector or they don’t open their mail because they know it’s a bill and they just pitch it. Once you hire the law firm, you have the ability to tell creditors on the phone that you are filing for bankruptcy, your attorney is Dave Siegel, this is his number, call him. And you also have the ability to open up a bill and send them a quick note notifying them that you no longer wish to be contacted and under the Fair Debt Collection Practices Act, you have an attorney, David Siegel, who is going to be helping you with your debt. So creditors must stop once they receive notice or once you inform them.
Now, there are going to be some creditors that violate the law and will continue to call and continue to send you letters when you tell them to cease and desist. If that is to happen, you want to make sure that you get the name, address, and information on who you spoke to or if you are receiving something in the mail, you give that to your attorney so that your attorney can send a letter advising the particular creditor that you have been retained and that you no longer wish to be contacted. If creditors continue to harass you, your attorney will be able to bring a motion before the court or file a separate lawsuit under the Fair Debt Collection Practices Act.