After you have made the difficult decision to file for bankruptcy in Georgia, you may feel a huge sense of relief. A successfully discharged bankruptcy will relieve your obligation to repay debts you included in your petition – so why are creditors still calling? When will it stop? Georgia’s bankruptcy laws have provisions deal with this, and there are ways to handle this annoying, stress-inducing behavior we will explain here.
Why Would Creditors Still Call After My Georgia Bankruptcy Is Discharged?
Some reasons your creditors would continue to contact you are not sinister – it is possible they are unaware you declared and completed bankruptcy, or they may not understand what a discharge of debt is. Others, unfortunately, may not care about your discharge and continue in their efforts to collect. Some companies purchase debt that is old or discharged for vastly reduced sums, so if only a fraction of people they contact agree to pay, they profit.
Are Collectors Supposed to Contact Me?
After you have successfully discharged your bankruptcy in Georgia, creditors or companies that buy and collect debt are not permitted to contact you – if they do, they are violating federal law and committing a bankruptcy discharge violation. Title 11, Section 524 of the bankruptcy code provides that discharge functions as an injunction against beginning or continuing debt collection efforts in any manner from the debtor. Continuing collection efforts against you is the equivalent of violating the order of a federal bankruptcy judge. Even “friendly” phone calls and emails from creditors have been held to constitute bankruptcy discharge violations.
What Do I Do to Make Creditors to Stop Contacting Me?
For creditors that were contacting you through honest ignorance about either your bankruptcy discharge or what that meant, the solution may be simple. A letter or phone call from an attorney will likely resolve the collection efforts immediately.
If, however, your creditors already knew of the discharge and persist or continue after being informed, you should speak to an experienced bankruptcy attorney and consider the possibility of taking legal action to force them to stop. Many times, if you prevail, the creditor will have to pay for reasonable legal fees you incurred and may also have to compensate you for violating federal bankruptcy laws.
Get Help with Your Georgia Bankruptcy
Bankruptcy is supposed to give you a fresh start, but sometimes things do not go as planned. If you are still experiencing collection efforts, contact the experienced Georgia bankruptcy attorneys at The Ballard Law Group. We are here to help you get rid of those annoying collection efforts whether you are considering bankruptcy or have already discharged a bankruptcy and are still being harassed. We offer a free bankruptcy consultation to help you understand your options and your rights. Contact us today by calling(404) 800-9939!