We usually hear a sigh of relief when we tell a client that the garnishment of their paycheck is ordered by the court to stop immediately when their bankruptcy is filed.
Even more good news is when we tell them that any monies garnished after the filing date due to a “mid-pay period” timing MUST be returned to them.
The Fair Debt Collection Practices Act
The FDCPA protects consumers from deceptive debt collection. The main provisions found in Fair Debt Collection Practices Act are that collectors can not:
Call before 8 am or after 9 pm
Contact you at work if you verbally or in writing told them not to
Contact a third party about you except to get your contact information
Lie about the amount you owe
Ignore a written request to verify the debt
Falsely claim to be law enforcement officers
Claim that you will be arrested if you do not pay
Threaten to seize your property or garnish you unless they have a contract authorizing this or a judgment
Use a fake company name
Give false credit information to anyone including credit bureaus
The Bankruptcy Chapter 7 Automatic Stay Protects You From Garnishments and Collections
The “Automatic Stay” provision of the bankruptcy code, goes into effect immediately upon filing. As soon as your case is filed, an order is issued by the judge notifying creditors that the debtor cannot be contacted by a creditor to collect or enforce a debt. This means no threat of lawsuits, no garnishment of wages, no seizure of bank accounts, no foreclosures, no repossessions, no phone calls, letters, or emails to the debtor can occur by Order of the Federal Bankruptcy Court.
The day we file your case your creditor information will be electronically filed with the court. The court will mail a notice of the automatic stay to your creditors. You will also get an email from us with your case number. If anyone attempts to collect a debt from you, you can give them your case number and let them know that they are violating Federal Law by collecting on you.
Sometimes a secured creditor, such as a home mortgage or auto loan, needs to take certain actions regarding the collateral for the loan (the property). Even so, the lender cannot contact you and instead must now ask permission from the court to proceed with any collection activity.
In the meantime, you will have relief from the stress and harassment of creditors, and your attorney will have time to work in the situation to your best advantage.
The Automatic Stay stops all State Court Collection Cases and requires a discharge of these cases. Domestic Cases will be stopped until the Discharge is issued. Note that Criminal Proceedings are not stopped. Renters who have already been notified of an eviction are generally not protected either. Debts that are incurred after the Bankruptcy is filed will not be discharged or included.
Post Bankruptcy Discharge, Your Pre-Bankruptcy Creditors Can Not Resume Collection on the Debtor.
Contact us at Robinson Law Offices P.C. if you are threatened with a garnishment or harassing collection activity…..we know how to stop it.
