Tuesday, February 21, 2023

Can I Sue My Creditors If They Contact Me After Filing Bankruptcy

 

 

Can I Sue My Creditors If They Contact Me After Filing Bankruptcy? Call (703) 494-3323 or visit https://fishersandlerlaw.com​​​ and ask us about our πŸ‘‰$0 Down Bankruptcy Program todayπŸ‘ˆ 

 

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Can I Sue My Creditors If They Contact Me After Filing Bankruptcy?|Fisher-Sandler|Virginia 

Bankruptcy Attorneys The answer to whether you can sue your creditors if they contact you after filing for bankruptcy depends on the circumstances and the specific laws in your jurisdiction. In general, however, creditors are prohibited from contacting you after you have filed for bankruptcy, with some exceptions. When you file for bankruptcy, an automatic stay goes into effect. 

This means that creditors are legally required to stop any collection efforts against you, including phone calls, letters, lawsuits, and wage garnishments. The automatic stay is designed to give you a break from collection efforts while your bankruptcy case is being processed. If a creditor contacts you after you have filed for bankruptcy, they may be in violation of the automatic stay, which is a serious legal violation. In this case, you may have the right to sue the creditor for damages. 

However, there are some exceptions to the automatic stay. For example, if you owe child support or alimony, the creditor may still be able to contact you to collect those debts. Additionally, if you have a co-debtor on a debt, the creditor may still be able to contact them for payment. If a creditor contacts you after you have filed for bankruptcy, the first step is to notify your bankruptcy attorney. 

Your attorney can review the specifics of your case and determine whether the creditor's actions violate the automatic stay. If so, your attorney may send a cease and desist letter to the creditor, which should put an end to their collection efforts. If the creditor continues to contact you, you may have the right to sue them for damages. 

Depending on the severity of the violation, you may be entitled to compensation for emotional distress, lost wages, and other damages. In summary, if a creditor contacts you after you have filed for bankruptcy, they may be in violation of the automatic stay. You should notify your bankruptcy attorney and follow their guidance on how to handle the situation. 

If necessary, you may have the right to sue the creditor for damages. 

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