Will bankruptcy stop the phone calls and mail from collectors? 33 Answers as of July 11, 2013

I have heard that it will stop them from calling, but I have told them several times that I am filing for bankruptcy but they don't stop calling. What do I have to do?

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Dan Shay Law
Dan Shay Law | Daniel Shay
They can keep calling until you file Bankruptcy or you have an attorney.
Answer Applies to: California
Replied: 7/14/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Tell them you have retained BK counsel and cease and desist from contacting you. Give them your attorneys name and info, tell them to call your counsel.
Answer Applies to: Washington
Replied: 7/11/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
Yes, filing will stop it. If you can't give them a lawyer's name or a case number they won't believe you and will continue calling. So retain counsel and move forward.
Answer Applies to: Virginia
Replied: 7/11/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Once a bankruptcy is filed there is an automatic stay against continuing collection actions. Provide the creditor with case number information.
Answer Applies to: California
Replied: 7/11/2011
Gonzalez Law Associates P.C.
Gonzalez Law Associates P.C. | Carlos Gonzalez
Yes. Creditors must legally stop once you've filed.
Answer Applies to: New York
Replied: 7/4/2013
    Law Office of J. Scott Logan, LLC
    Law Office of J. Scott Logan, LLC | John Scott Logan
    Creditors are required to stop contacting you once you file bankruptcy. Merely mentioning the word or "declaring it" as Michael Scott did on The Office is not the same as filing bankruptcy.
    Answer Applies to: Maine
    Replied: 7/8/2011
    Law Offices of Sheryl S. Graf
    Law Offices of Sheryl S. Graf | Sheryl S. Graf
    The bankruptcy court's automatic stay of collection activity immediately stops all collection activity, including harassing phone calls, upon the filing of a bankruptcy proceeding. Planning to file in the future does not prohibit your creditors from contacting you now.
    Answer Applies to: California
    Replied: 7/7/2011
    Stuart Jon Bierman  Attorney at Law
    Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
    Usually, a person has to either actually file for bankruptcy and give the caller the Case Number, or give them the name and phone number of your attorney so that the creditor can call the attorney to verify that the debtor is taking concrete actions to file in the near future.
    Answer Applies to: New Jersey
    Replied: 7/7/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    Yes. Upon filing for bankruptcy, an Automatic Stay goes into effect, which stops all collections activity. That applies to lawsuits, wage garnishments, judgment collections, bank account restraints, creditor harassment, contact and communication in general. If you tell them that you are going to file, but haven't filed yet, then you are still fair game for them to try and collect from you. However, once the petition is filed, that is when they will be required to stop. In the mean time, prior to filing, you could attempt to write a "cease and desist" letter pursuant to the FDCPA or CA RFDCPA, but there are limits to this working to your advantage if you are not represented by an attorney. Generally, under collections law, a creditor/ collector in CA cannot communicate or contact a client with respect to the debt, who is known to be represented by an attorney. If you are filing the petition with the assistance of an attorney, I would recommend that they do this for you as a pre-filing courtesy, and then of course, once you are filed, then the creditor will have notice of the automatic stay and will stop calling. If you haven't hired an attorney to do you bankruptcy, you might want to consider it at this point as there may be some relief the attorney can assist with even before your petition is filed.
    Answer Applies to: California
    Replied: 7/7/2011
    Theodore N. Stapleton, PC
    Theodore N. Stapleton, PC | Theodore N. Stapleton
    The filing of a bankruptcy petition stays all collections activities including calls and mail. You must actually file the case and have the case number ready to give to collectors that call.
    Answer Applies to: Georgia
    Replied: 7/7/2011
    Sentinel Law P.A.
    Sentinel Law P.A. | Joshua Cossey
    Yes, a bankruptcy will stop collection practices under the automatic stay rule. While some aggressive creditors may attempt to violate this law, a bankruptcy lawyer can help you promptly stop such practices. This response does not create an attorney-client relationship. Unless you are already a client of Sentinel Law, P.A., pursuant to an executed attorney-client agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without speaking to an attorney, as there may be details surrounding your situation that would give rise to further explanation or clarification.
    Answer Applies to: Florida
    Replied: 7/7/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Bankruptcy will stop it. Telling them you are going to file means nothing. You can send them a letter telling them to stop calling. Send it certified return receipt and keep a copy for your records. If the call after that you can sue them. Write down the date and time of every call and who it came from.
    Answer Applies to: California
    Replied: 7/7/2011
    Law Office of Dennis Jay Sargent Jr, PLLC
    Law Office of Dennis Jay Sargent Jr, PLLC | Dennis J Sargent Jr.
    Bankruptcy protection does not extend to you until you actually file. The first thing that you need to do is retain an attorney and have them send out a letter of representation. The calls should stop then, if they do not than you may have a cause of action under the FDCPA or your States version if they have one. In NC, we have a statute that is similar and prevents debt collectors from contacting the debtor once they receive notice from an attorney. Once you file bankruptcy, they have to stop, if they do not it can be a violation and you may be able to seek damages. Contact a local attorney for help.
    Answer Applies to: North Carolina
    Replied: 7/7/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    You actually have to file and give them the docket number. It is not enough to tell creditors that you are thinking to file or are filing.
    Answer Applies to: New Hampshire
    Replied: 7/7/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    When a person files a bankruptcy a provision of the bankruptcy code immediately imposes an "automatic stay" which stops and prohibits all collection activities including communications, foreclosure, repossessions, etc. In your case, if you have actually filed, inform your lawyer as to which creditors are still calling. If you are planning on filing, but haven't filed yet, the stay is not in place and creditors can continue with their collection efforts. I tell my clients who have not filed to tell their creditors who call that they are filing and to have the creditor contact me. I cannot tell the creditor that the client has filed if he hasn't, but this usually stops the calls. Point is that you should go ahead and get case filed to get the relief you want and need.
    Answer Applies to: Mississippi
    Replied: 7/7/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Yes, the automatic stay in bankruptcy legally prohibits any collection activity once your case is filed. Telling them you're going to file for bankruptcy at some point in the future doesn't do anything. However, prior to filing bankruptcy you can tell them to stop calling you and give them one method of communication, such as one phone number, or one mailing address, to send their communications to and they are supposed to honor that.
    Answer Applies to: California
    Replied: 7/7/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Unfortunately there are some bill collectors that do not obey the law and many may be calling even from other countries with untraceable phone numbers. Some collection agencies seem to hire the most low class, nasty individuals they can find and encourage them to use illegal tactics by paying them on commission. If you know the collection agency from where you are being called then you can send that agency a certified letter with the bankrutpcy information and if they call again tell them you are recording the conversation and will file a motion to have the bankrutpcy court impose a fine (a monetary sanction) on the agency. You may not have a choice but to bring the matter before the bankruptcy court for violation of the automatic stay and request a monetary sanction be paid to you. If you have an attorney then you should have the attorney handle the matter and the attorney will be entitled to be paid his fees from the agency.
    Answer Applies to: California
    Replied: 7/7/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    They cannot call AFTER the bankruptcy is filed. Therefore, the only way to legally stop calls and mail is to file.
    Answer Applies to: California
    Replied: 7/7/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Simply saying that you are filing bankruptcy means nothing. Once a bankruptcy case has been filed with the court, it immediately initiates an "automatic stay" against collection that prohibits the calls, mailings, lawsuits and other similar collection efforts, including garnishments and levies.
    Answer Applies to: Indiana
    Replied: 7/7/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Once you actually file bankruptcy you are protected by an automatic stay. This stay prohibits any contact by creditors.
    Answer Applies to: California
    Replied: 7/7/2011
    Raxter Law
    Raxter Law | Jeremiah Raxter
    Yes, the minute you file bankruptcy (your petition) there is a automatic stay placed on all collection actions. Keep in mind there are a few circumstances that the stay is for a shortened time.
    Answer Applies to: California
    Replied: 7/7/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    In order to get the creditors to listen to you, you need to actually file for bankruptcy. Then you will be able to give them your bankruptcy case number and sue them if they keep calling. The reason that they don't stop calling when you tell them that you are "going to file bankruptcy" is that you haven't done it yet. People tell them all sorts of things - they will believe it when they see it. At this point, they simply don't believe you.
    Answer Applies to: Colorado
    Replied: 7/7/2011
    Law Offices of John J. Ferry, Jr.
    Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
    You have to actually file. Once you file, the automatic stay is triggered. At that point, it becomes a violation of the bankruptcy code for any of the creditors to contact you. In practice, I send them one warning letter if they call or write after the bankruptcy is filed. After that, I sue them if they do it again.
    Answer Applies to: Pennsylvania
    Replied: 7/7/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You don't stop creditor calls by telling them you will file. In fact you do NOT want to warn creditors. That can be an enormous mistake. The fact you are doing that tells me that you are doing this pro se and have already messed up. Get a lawyer. The actual filing will stop the contacts and the lawyer will make sure proper notices are done.
    Answer Applies to: Georgia
    Replied: 7/6/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    You must actually file your bankruptcy case to stop the calls. You may also give written notice to the creditors and say you do not want to receive their phone calls anymore.
    Answer Applies to: Washington
    Replied: 7/6/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Give them your case number.
    Answer Applies to: California
    Replied: 7/11/2013
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    Filing will stop the calls. But you have to file.
    Answer Applies to: California
    Replied: 7/4/2013
    Law Office of Asaph Abrams
    Law Office of Asaph Abrams | Asaph Abrams
    A filed bankruptcy will stop the calls and mail; filing bankruptcy at a date-and-time to-be-announced won't do the trick.
    Answer Applies to: California
    Replied: 7/6/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    The calls should stop once you actually file, not before. Continued contacts after filing are in violation of the bankruptcy code.
    Answer Applies to: California
    Replied: 7/6/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    File your case. Once there is an actual bankruptcy filed, the calls will generally stop as quickly as turning off a faucet, and if any continue to contact you, then because you are actually under the protection of the bankruptcy laws by virtue of filing, they can be held accountable by the Bankruptcy Court for violating the automatic stay.
    Answer Applies to: California
    Replied: 7/6/2011
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