Actual debt collectors are bound by state and federal law not to contact you after you tell them you retained a lawyer, but an original creditor (one that has not turned your debt over to collections) legally can still contact you until you have actually filed for bankruptcy. Then all contact must stop. Report Abuse
Full Answer
Do I need a lawyer to settle a creditor's case?
No. If the debt collector knows that an attorney is representing you about the debt, the debt collector must contact your attorney and cannot contact you. The CFPB’s Debt Collection Rule clarifying certain provisions of the Fair Debt Collection Practices Act (FDCPA) became effective on November 30, 2021. Learn more about the Debt Collection Rule and your debt collection …
What happens if creditors attempt to contact you during or after bankruptcy?
The Fair Debt Collection Practices Act requires that creditors treat you with respect when they contact you to obtain a past due payment. It would not be a bad idea to record every phone call that you receive from creditors. These phone calls may be admitted as evidence in court if your lawyer is attempting to obtain compensation from them.
What happens if a creditor violates a court order?
May 21, 2009 · Usually upon hiring bankruptcy counsel, cease and desist notices are generated and sent to creditors advising them of the representation, and informing them to cease any and all contact with the represented party. Because most debt collectors are unsophisticated and do not possess sufficient knowledge of the applicable law, they oftentimes claim they are entitled …
Can a creditor Sue you for debt you haven't paid?
Creditors lend funds to various persons and businesses through contractual agreements with payment terms and other conditions outlined specifically. However, when these deals are broken, it is important to contact a lawyer so that the rights of the creditor may be protected against bankruptcy, when the debtor cannot pay and the death of the individual who borrowed the …
Do you have to repay debts after bankruptcy?
Once you have completed bankruptcy, you have received a discharge of many of the debts you owed before bankruptcy. Legally, this means you never have to repay them. However, some creditors may attempt to contact you about your discharged debts and attempt to persuade you to repay them.
What happens after bankruptcy?
Protections after bankruptcy. Once you have completed bankruptcy, you have received a discharge of many of the debts you owed before bankruptcy. Legally, this means you never have to repay them. However, some creditors may attempt to contact you about your discharged debts and attempt to persuade you to repay them.
Creditor Rights
In order to protect the rights of those that lend funds to others, various contracts are drafted to assist in business transactions. This usually means a lawyer is on hand at all times to ensure the conditions and terms are beneficial to the creditor agency.
The Need to Contact a Lawyer
When the rights of the creditor are violated, when contracts are broken and when payment is not provided as stated in the terms and conditions, it may be necessary to contact a lawyer to assist with these matters. Breach of contract could end in litigation, but violations to various conditions may affect the business is various manners.
How to sue a creditor for a debt?
When a creditor sues you to collect debt you haven't paid, you have three choices to deal with the lawsuit: 1 allow the creditor to obtain a judgment against you (called a "default judgment") 2 defend the lawsuit yourself, or 3 hire an attorney to represent you in the lawsuit.
Can a creditor get a judgment against you?
allow the creditor to obtain a judgment against you (called a "default judgment") defend the lawsuit yourself, or. hire an attorney to represent you in the lawsuit. Which option is best for you will depend on a number of factors.
Can you keep your retirement account in bankruptcy?
If bankruptcy might be inevitable, think twice before using retirement funds to pay bills. Most people can keep their retirement account in bankruptcy.
What is a defense in a lawsuit?
A defense is a reason why you aren't liable for the debt or a reason why the creditor shouldn't be allowed to collect the debt. Here are some common defenses to creditor suits: the statute of limitations (the time period in which the creditor must bring the lawsuit) has run.
What is a counterclaim in a lawsuit?
In most states, the counterclaim must relate to the transaction at issue in the creditor's lawsuit. For example, say the creditor sues you for nonpayment of a credit card debt. You might be able to file a counterclaim alleging that it harassed you in trying to collect the debt.
What is a counterclaim?
A counterclaim is a claim that you have against the creditor. In most states, the counterclaim must relate to the transaction at issue in the creditor's lawsuit. For example, say the creditor sues you for nonpayment of a credit card debt.
Protections During Bankruptcy
Once you file bankruptcy, the automatic stay becomes effective. While the stay is in place, creditors are legally prohibited from doing anything to collect a debt against you. This includes contacting you, suing you or taking back collateral that secures a debt against you, such as your house in a mortgage or your car in a car loan. Alt…
Protections After Bankruptcy
- Once you have completed bankruptcy, you have received a discharge of many of the debts you owed before bankruptcy. Legally, this means you never have to repay them. However, some creditors may attempt to contact you about your discharged debts and attempt to persuade you to repay them. However, this is illegal and is punishable by law. If a creditor violates the discharg…
An Attorney Can Protect Your Rights
- Although most creditors obey the law, there are a few bad apples out there. Fortunately, for stay and discharge violations, it does not typically cost you anything to fight back against creditors who do not respect the law, since your attorneys’ fees may be recovered in the process. If you are experiencing creditor harassment at any time, it is wise to speak with an experienced bankruptc…
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