The Automatic Stay in Bankruptcy
Are you overwhelmed by debt? The automatic stay is the most reliable and powerful solution for you during the bankruptcy process. In the bankruptcy cases, automatic stay activates as soon as the case is filed. It prohibits the debt collectors and creditors from approaching you to collect further funds and will put an end to harassment.
Automatic stay protects you from:
- Mortgage Foreclosure
- Vehicle Repossession
- Wage Garnishment
- Collection Calls
- Collection Letters
- Utility Disconnection
Simply put, automatic stay not only protects you from the harassment of creditors and debt collectors but it also prevents financial stress. When the phone stops ringing and you do not receive the bright red “Past Due” letter in the mail anymore, you can sleep peacefully. Your life becomes easier when you regain the financial freedom you deserve as a consumer. You can think about your options openly and speak with your attorney who understands the law and will help navigate the legal process with you.
Automatic Stay Violations
Creditors and debt collectors do not always abide by the rules and legal jurisdiction. However, this does not mean that you are at their mercy. The automatic stay is an order issued by the court. If the creditors and debt collectors violate the automatic stay orders, you can take them to the court and hold them accountable. We handle this work on behalf of our clients on a contingency basis which means that there are no legal fees unless we are able to collect damages from the debt collectors or creditors on your behalf. Similar to Personal Injury cases and law firms; there is never a fee for legal work unless we collect damages and money on your behalf.
The petitioner (you=our client) gets the benefit of a violation. If a lawsuit in violation of the automatic stay, then that lawsuit must be stopped under protection of the bankruptcy court code. For example, A creditor or collection agency may attempt to seize property during the stay, if that is the case, the property must be returned to the consumer. The court may order debt collector or creditor to pay you monetary damages for violating the automatic stay in examples like described above.
We Help Enforce the Automatic Stay
Small law firms are interested in your case until the discharge is filed. After that, they leave you alone to face the violations. We are dedicated to providing you full protection of the law, and to ensure that we stay with you until you are ready to start the journey to ideal creditworthiness. We help you protect your properties by staying with you throughout the case and also checking your credit score regularly after the discharge.
Creditor Harassment and Automatic Stay
The automatic stay provides you protection against creditor harassment. If the violation of the automatic stay occurs, the creditors are held accountable and could be charged to pay the monetary charges. The violations may include making collection calls, sending collection letters, threatening you or your family members, or filing lawsuits.
The creditors have to stop their activities as soon as the bankruptcy is filed. Get in touch with our experienced attorneys to learn more about the automatic stay.
Get Access to Justice Today
Stop worrying about your future and stressing about your financial situation by contacting our law firm for a free consultation to understand your legal rights immediately. Wajda & Associates and our staff are here to guide you through the process with the least amount of stress possible. We can put an end to the financial burden from secure and unsecure debt while helping to also stop any creditor harassment.
Not only will we make the calls stop… if they continue we will sue them on your behalf to collect damages if they have violated the law in an attempt to collect a debt.