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Filing for bankruptcy can stop many efforts to collect a debt, including calls, lawsuits, and wage garnishments. If a creditor keeps contacting you after the case is filed, Farmer & Morris Law, PLLC, can find out what is happening and determine what steps may be available.
Our Gastonia creditor harassment lawyers can also help you understand which collection actions are allowed and which may violate bankruptcy law. Our firm has served 10,000+ clients and was voted The Best of Rutherford County from 2011 through 2025.
If creditors are continuing to contact you after filing bankruptcy, our Gastonia bankruptcy lawyers will explain your options and help you decide what to do next. Call our office today to discuss your options.
Our Gastonia Creditor Harassment Attorneys Can Take Over When Collection Efforts Continue
You should not have to wonder whether a creditor has the right to keep calling, sending bills, or demanding payment after you file for bankruptcy. At Farmer & Morris Law, PLLC, we’ll review the debt, your bankruptcy case, and the collection activity.
Depending on what has happened, our attorneys can:
- Review calls, letters, emails, text messages, and collection notices.
- Determine whether the debt is part of your bankruptcy.
- Check whether the creditor received notice of the filing.
Our North Carolina bankruptcy lawyers speak with creditors directly. We will also handle new calls or demands for payment while we work on your case.
The Automatic Stay May Stop a Creditor From Collecting
One of the main protections in bankruptcy is the automatic stay under 11 U.S.C. § 362. For some people, it means a pending lawsuit may be put on hold or money may no longer come out of a paycheck. The stay can affect foreclosure and repossession as well.
However, the automatic stay does not stop every action a creditor might take. A creditor can also ask the bankruptcy court to let certain collection efforts continue. Your Gastonia debt collection harassment lawyer can determine how the stay applies to your debts and whether a creditor has crossed the line.
Collectors Cannot Harass or Threaten You to Get You to Pay
Debt collectors have rules to follow when asking you for money. The Fair Debt Collection Practices Act (FDCPA) bars covered debt collectors from using certain abusive, unfair, or false tactics.
These tactics may include things like repeated calls, threats of violence, or obscene language. Debt collectors also cannot lie to scare you into paying. For example, you cannot be falsely told that you will be arrested or threatened with action the collector cannot legally take.
Your lawyer can determine what protections apply to your situation. Call us today to discuss your next steps.
What Happens if Creditors Do Not Acknowledge the Automatic Stay?
If they keep trying to collect a covered debt, the violation may have consequences. Under 11 U.S.C. § 362(k), a person harmed by a willful violation may recover actual damages, including costs and attorneys’ fees.
We will advise you on whether you can recover these losses. A creditor may contact you before it knows that you filed for bankruptcy. We will review whether money was taken from your wages or bank account or whether you had other losses because the collection efforts continued.
These are the kinds of details that help determine whether the automatic stay was violated and what options you may have for taking action.
Some Contact From a Creditor May Be Allowed
Hearing from a creditor after you file for bankruptcy does not always mean that creditor broke the law. Some types of contact may still be allowed, and the automatic stay does not apply in every situation.
What the creditor wants matters. A demand for payment may raise concerns that other notices do not. Our creditor harassment attorneys serving Gastonia can check the reason for the contact against the protections in your bankruptcy case.
Debts May Show Up After a Bankruptcy Case Closes
A discharge means you no longer owe certain debts from your bankruptcy. Once a debt is discharged, the creditor generally can’t come back later and ask you to pay it. Federal law bars creditors from trying to collect money that you no longer owe.
If a creditor claims you owe a debt after your bankruptcy case ends, you can speak with an attorney from our office. We will review and confirm before you send any money.
Tell Us About Your Creditor Harassment Situation in Gastonia
A creditor may keep calling even though the debt was included in your bankruptcy. You may get another bill or a demand for money that you thought had been resolved. Bring those concerns to our Gastonia creditor harassment lawyers. We are ready to help.
At our firm, we stand for Integrity. Experience. Results. The attorneys on our team handle bankruptcy and other areas of the law. Call Farmer & Morris Law, PLLC, today to talk with our team about creditor harassment in Gastonia.
