Many people laboring under severe debt are able to juggle their finances until they face a wage garnishment, a frozen bank account, or collection calls that become frequent, intense and disruptive. One of the clearest and most decisive benefits of filing bankruptcy is to stop creditor harassment and eliminate ongoing garnishments and restraints on bank accounts and other assets.
At Macco Law Group, LLP, a primary purpose of our free initial consultation is to educate you about your rights and to explain what bankruptcy can and cannot accomplish for you. This includes explaining what your creditors can and cannot do under the law.
If you are eligible to file either Chapter 7 or Chapter 13 Bankruptcy, we can stop creditor harassment — including threatening and invasive phone calls to your home, work, neighbors and acquaintances. In most cases, we can also stop garnishments of your wages, remove holds on bank accounts, and prevent sheriff's sales of your assets.
Once we file your case, an automatic stay goes into effect, making it illegal for creditors to call you, continue any pending litigation against you, or to take any action to collect money from you.
Under the relentless pressure from creditors, too many people liquidate retirement accounts, cash in insurance policies, sell homes and other assets far below market value, and borrow money they will not be able to repay. For most clients, bankruptcy or other debt relief options can save these critical assets.
The sooner you contact us, the sooner we can assist you.
In addition to stopping phone calls from collection agencies, in certain circumstances, individuals are able to sue these collection agents for violating Federal Law – the Fair Debt Collection Practices Act (the "FDCPA").
Under the FDCPA, collection agents are extremely limited in what they can and cannot do or say in an attempt to collect a consumer debt from an individual. A violation of the FDCPA, even if it's seemingly innocuous, entitles a consumer to recover a statutory fine from the collection agency and the consumer's legal fees in suing the agency. Additionally, collection agencies may have to forgive the underlying debt as part of any settlement with the consumer.
If you have been the victim of collection agent harassment, it's important to keep all written correspondence from the collection agency. By contacting our firm and keeping a record, you may be able to exercise all of your rights.