Bryan P. Keenan & Associates, P.C.
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Bryan P. Keenan

Stop creditor harassment with an automatic stay

If you're like most Pennsylvania residents suffering from debt problems, you're probably also getting harassed by creditors. This can create a great deal of psychological turmoil in your life, and in the lives of your loved ones.

Creditor harassment seems to know no bounds. Once your credit card company sells your debt to a collection agency, for example, the agents of the company will call your work, your family members and even hunt down your cellphone number. Try to change your numbers and obscure your contact details, and somehow -- as if by magic -- they still manage to find you.

How to make creditor harassment stop

Fortunately, there is a way out of being constantly harassed by creditors, and that involves filing for bankruptcy. If you're being inundated with calls from creditors, you are probably a good candidate for Chapter 7 or Chapter 13 bankruptcy as it is, and you may be able to benefit from not only erasing your outstanding debts but having an automatic stay placed on all creditor harassment.

Federal bankruptcy courts take automatic stays seriously, and they enforce them strictly. Any creditor that continues to call and harass you, your family members or your workplace will face severe sanctions and punishments. In fact, the fines and punishments associated with an automatic stay are so severe that most credit collection firms will honor an automatic stay as soon as it goes into effect.

Debt collectors must follow specific rules even if you don't file

Even if you don't file for bankruptcy, the Fair Debt Collection Practices Act (FDCPA) exists to protect you from unfair and/or deceptive debt collection practices. The FDCPA rules governing debt collection are so extensive that they're too many to list in this short article. However, some of the more important rules require debt collectors to:

-- Identify who they are when they call you.

-- Warn you that information you provide shall be used to help collect your debts.

-- Tell you the name and contact information of the initial creditor.

-- Advise you of your right to dispute the debts they are attempting to collect.

-- Only call during reasonable hours between 8 a.m. and 9 p.m.

-- Cease communication when you ask them via written notice.

-- Refrain from continuously and repeatedly calling you in a harassing, abusive or annoying fashion.

Are your rights as a borrower being violated?

If a creditor is violating your rights under the FDCPA, you can pursue financial restitution and justice in court. Furthermore, if you want your creditor harassment to stop, you may want to consider speaking with a Pennsylvania bankruptcy lawyer to determine your legal rights and options.

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Bryan P. Keenan & Associates, P.C.

993 Greentree Road
Suite 101
Pittsburgh, PA 15220

Phone: 412-923-4941
Fax: 412-444-0158
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