Filing for bankruptcy puts an automatic stay on all communications from creditors. An automatic stay prevents creditors from pursuing you for the debt owed to them. The types of debt usually covered are credit card debt, auto loans, medical bills, mortgage, and other household debts. Once your petition for bankruptcy has been filed with the Bankruptcy Court, debt collectors are no longer authorized to contact you and all communications from debt collectors or creditors must come to our office. If you creditors don’t comply then we can sue them.
The Fair Debt Collection Practices Act (FDCPA) is the main federal law that governs debt collection practices and prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debt. According to the FDCPA, creditors are not allowed to:
- Communicate with you at your workplace if such communication is prohibited by your employer
- Communicate with you after you have retained an attorney
- Communicate with any third party other than your spouse or attorney
Because of these restrictions, as soon as you retain our services, you can notify your creditors that we have been hired, even before you've filed for bankruptcy, and that all communications regrading this matter must now come to our office. It is important to note that this only applies to debt collectors. The original creditor can still contact you. The only way to stop all creditor communication is to file a bankruptcy case.
Mississippi's consumer protection laws are fairly lax when it comes to dealing with creditors. Using the Fair Debt Collection Practices Act allows us to prevent further harassment and enforce your rights.
While we can stop debt collection with bankruptcy, we cannot stop your former spouse from demanding child support and alimony. It is important to note that child support, alimony and student loans usually cannot be discharged during bankruptcy. However, there are options for alimony. It is possible that you can roll back alimony payments into your payment plan as part of a Chapter 13 bankruptcy.
Call our Meridian Bankruptcy Lawyer at 601-500-5533 or send us an e-mail to schedule your free initial consultation today.Ridgeland Attorney Handling Debt Collection Issues
Our lawyers, Thomas C. Rollins and Jennifer Calvillo, will help you find a solution to resolve your debt problems. Our Lawyers look at your full financial situation and make a customized plan that works for you. We want you to get a fresh start in life, not find yourself in further trouble. We are here to help you as you go forward. T.C. uses his degree in banking and finance to help you figure out how you can go forward and rebuild your credit once you have completed the bankruptcy process.
Contact The Rollins Law Firm at 601-500-5533 to learn more about how you can stop creditors from harassing you and get your financial life back on track.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.