Deciding to file for bankruptcy can simultaneously bring about stress and relief regarding your financial concerns. Undoubtedly, this is a big decision to make, and one that should only be done once you’ve weighed all your options and ideally worked alongside a bankruptcy attorney. There are both drawbacks and benefits from declaring bankruptcy that you’ll need to be aware of, but for most individuals, the pros will definitely outweigh the cons.
One immediate positive outcome of declaring is that it can often stop creditor calls and harassment. To learn more about this or for help with any stage of the bankruptcy process, call me at Geranios Law, PLLC. From my offices in Missoula, Montana, I can represent clients in Bozeman, Billings, and throughout several counties—including Beaverhead County, Broadwater County, Jefferson County, Lake County, Lewis and Clark County, Madison County, Powell County, and more.
Define Creditor Harassment
If you’ve been struggling with mounting debt and staying on top of your financial obligations, you’re likely all too familiar with getting calls, letters, emails, or texts from your creditors wanting to know where your payment is. Understandably, if you owe money to someone, they are within their rights to ask for it once it becomes due. However, there may be a fine line between what constitutes credits lawfully requesting payment and harassment.

What creditors are allowed to do:

• They are allowed to contact you by phone (voice or text), email, standard mail, or via private message through a social media platform. You can request that they not contact you by text or social media, and they must honor this.
• They must provide “validation information” that includes their contact info, the name of your creditor and the amount you owe, your rights as a debtor, and what you can do if you contest this information.

• They can only call you between the hours of 8:00 am and 9:00 pm unless you give them express permission to call outside these hours.
• They can contact you up to seven times in a seven-day period.
• They can contact you at work unless you tell them you are not allowed to receive calls there.

What creditors are not allowed to do:
• They cannot use profane language.
• They cannot threaten you.
• They cannot provide information they know to be untrue, such as telling you that you owe more money than you actually do.
• They can’t pretend to be someone else, such as a government attorney.
• They can’t publicly post or share your debts.
Being contacted repeatedly by a creditor is obviously an unpleasant experience, and though you may not like it, it won’t necessarily reach the level of “harassment.” Simply calling and sending you letters is not creditor harassment—at least, not if you haven’t filed for bankruptcy. However, if your creditor engages in any of the prohibited practices in the list above, they could be guilty of harassment. Furthermore, after your bankruptcy filing has gone through, your creditors will be subject to further restrictions.

Will Filing for Bankruptcy Stop Creditor Harassment?

The short answer to this question is yes. Once you’ve filed for bankruptcy, you are protected from creditor contact through something called an automatic stay. An automatic stay essentially means that creditors are prohibited from contacting you about your debt in any capacity. If a creditor ignores the automatic stay order, this is considered creditor harassment which should be reported not only to provide relief to you but to help ensure this harassment doesn’t happen to others in the future. If you are experiencing creditor harassment, a bankruptcy attorney can help you handle it.

Do I Need a Bankruptcy Lawyer?

Although there’s no specific law that says you need legal assistance to file for bankruptcy, many people found working with an experienced lawyer helpful for several reasons:

• They can help guide you through the filing process which requires a great deal of preparation and documentation.
• They can help negotiate on your behalf to set up the best possible arrangement for your unique financial situation. Each person’s finances will be different, and this means your approach to bankruptcy will also be different.
• An attorney can handle any ongoing creditor harassment, reducing your level of stress and providing you space and time to rebuild your credit.
• Your lawyer will advise you on how to rebuild your credit, avoid common pitfalls, and take precautions so as not to end up back where you started.
Let My Experience Guide You
If you’re in the Missoula, Montana, area and are considering filing for bankruptcy or have already filed for bankruptcy but are still being contacted by your creditors, contact my firm at Geranios Law, PLLC. For nearly 30 years now, I’ve committed my life to helping people just like you handle their legal needs with a focus on compassionate yet professional service. Reach out today to get started.