Credit harassment is one of the main issues that leads to a bankruptcy filing in the state of Florida. Creditors cannot contact you in regards to your debt after a bankruptcy filing. If they go try to contact you in any way during a pending bankruptcy, it is considered a violation of the automatic stay. A creditor listed in a bankruptcy discharge is not allowed to contact you either or they are in a discharge violation. If either of these has happened to you, the Law Offices of Keith D. Collier serving Orlando will talk to the creditor on your behalf to make sure they have been informed correctly about the bankruptcy.
Your personal bankruptcy attorney can sue the Federal Bankruptcy Court if the harassment continues. This is done under an adversary proceeding which forces the creditor to halt all contact and potentially require them to pay damages, lawyer fees and court costs. We do not levy an extra charge on our clients for any additional bankruptcy fees in regards to an adversary proceeding. If punitive damages are rewarded during the hearing, you actually receive this money along with your bankruptcy stay or discharge.
We are able to sue the creditor in Federal Court if your debt is sold to a third party agency and they continue to contact you after they are notified. This lawsuit is filed under the Fair Debt Collection Practices Act. The FDCPA gives a person the ability to sue third party collection agencies in an attempt to collect a debt that has been discharged in bankruptcy.
NOTE: The Fair Debt Collection Practices Act also allows an individual to sue for other violations in instances where the individual has not filed for bankruptcy protection.