Founding Attorney
Struggling to pay debts you cannot afford to pay is stress. Your debt problems can impact every aspect of your life. You may also experience fear as debt collectors begin calling you to demand payment of debts. They may threaten you with legal action if you do not pay.
At Logan A. Weinkauf, P.C., our New Bedford bankruptcy lawyer can help you find a debt relief option that works for you. Filing bankruptcy can erase your debts and stop debt collection as soon as you file your bankruptcy petition.
However, other methods may be used to stop the relentless calls from debt collectors. Things you can do right now to stop debt collectors from calling you include:
- Demand proof of the debt. The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from making collection calls until they provide you with proof of the existing debt.
- Send a written cease and desist letter. If you send a written letter telling the debt collector to “cease and desist” from contacting you regarding the debt, they must stop calling you. However, they can file a debt collection lawsuit and notify you of the filing.
- Tell the debt collector in writing to only contact you through your lawyer. You must provide your lawyer’s name and contact information.
- File for bankruptcy relief under Chapter 7 or Chapter 13. The bankruptcy automatic stay prohibits the collection of debts while you are in bankruptcy without court permission.
- Determine if the statute of limitations for the debt has expired. If so, you may not be legally required to pay the debt. Talk to our New Bedford bankruptcy lawyer about these deadlines.
- Negotiate a payoff of the debt. You may be able to negotiate time to pay the debt or a lower payoff. Suggest paying 50% of the amount to satisfy the debt in full. Make sure you obtain written confirmation of your agreement.
- File a written dispute of the debt. Explain the error and why you don’t owe the money.
If you are struggling with debts you cannot pay, you may want to consider seeking legal help. Our New Bedford bankruptcy lawyer can help you explore bankruptcy options to get rid of debts you cannot pay.
How Can Filing Bankruptcy Stop Debt Collectors From Contacting Me?
When you file a Chapter 7 or Chapter 13 bankruptcy petition, the automatic stay takes effect immediately. The automatic stay stops debt collectors and creditors from taking further action to collect a debt. Therefore, they must stop harassing you for payment, wage garnishments, debt collection lawsuits, and other forms of debt collection.
Unless the court modifies it, the automatic stay remains in effect during your bankruptcy case. A creditor must have a valid legal reason for asking the court to allow them to collect their debt. Generally, the automatic stay is only modified to allow secured creditors to seize and sell assets if you stop paying the lien payments.
Unsecured debts are discharged through your bankruptcy case. Once a debt is discharged, the creditor can never try to collect the debt, including calling you about the debt.
Call for a Consultation With a New Bedford Bankruptcy Attorney
If you need help with debt problems, call Logan A. Weinkauf, P.C., to schedule a consultation with a New Bedford bankruptcy lawyer. We will help you find a debt relief solution that works best for your situation.
Struggling to pay debts you cannot afford to pay is stress. Your debt problems can impact every aspect of your life. You may also experience fear as debt collectors begin calling you to demand payment of debts. They may threaten you with legal action if you do not pay.
At Logan A. Weinkauf, P.C., our New Bedford bankruptcy lawyer can help you find a debt relief option that works for you. Filing bankruptcy can erase your debts and stop debt collection as soon as you file your bankruptcy petition.
However, other methods may be used to stop the relentless calls from debt collectors. Things you can do right now to stop debt collectors from calling you include:
- Demand proof of the debt. The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from making collection calls until they provide you with proof of the existing debt.
- Send a written cease and desist letter. If you send a written letter telling the debt collector to “cease and desist” from contacting you regarding the debt, they must stop calling you. However, they can file a debt collection lawsuit and notify you of the filing.
- Tell the debt collector in writing to only contact you through your lawyer. You must provide your lawyer’s name and contact information.
- File for bankruptcy relief under Chapter 7 or Chapter 13. The bankruptcy automatic stay prohibits the collection of debts while you are in bankruptcy without court permission.
- Determine if the statute of limitations for the debt has expired. If so, you may not be legally required to pay the debt. Talk to our New Bedford bankruptcy lawyer about these deadlines.
- Negotiate a payoff of the debt. You may be able to negotiate time to pay the debt or a lower payoff. Suggest paying 50% of the amount to satisfy the debt in full. Make sure you obtain written confirmation of your agreement.
- File a written dispute of the debt. Explain the error and why you don’t owe the money.
If you are struggling with debts you cannot pay, you may want to consider seeking legal help. Our New Bedford bankruptcy lawyer can help you explore bankruptcy options to get rid of debts you cannot pay.
How Can Filing Bankruptcy Stop Debt Collectors From Contacting Me?
When you file a Chapter 7 or Chapter 13 bankruptcy petition, the automatic stay takes effect immediately. The automatic stay stops debt collectors and creditors from taking further action to collect a debt. Therefore, they must stop harassing you for payment, wage garnishments, debt collection lawsuits, and other forms of debt collection.
Unless the court modifies it, the automatic stay remains in effect during your bankruptcy case. A creditor must have a valid legal reason for asking the court to allow them to collect their debt. Generally, the automatic stay is only modified to allow secured creditors to seize and sell assets if you stop paying the lien payments.
Unsecured debts are discharged through your bankruptcy case. Once a debt is discharged, the creditor can never try to collect the debt, including calling you about the debt.
Call for a Consultation With a New Bedford Bankruptcy Attorney
If you need help with debt problems, call Logan A. Weinkauf, P.C., to schedule a consultation with a New Bedford bankruptcy lawyer. We will help you find a debt relief solution that works best for your situation.