04 Mar How Do I Stop Collection Calls After I File Bankruptcy?
The filing of a Voluntary Petition in bankruptcy results in the issuance of an Order For Relief under Section 362. This order, commonly called the automatic stay, enjoins creditors and their agents from taking certain collection activity outside of the bankruptcy proceeding. The most common collection method is the telephone call. In If My Creditor’s Keep Calling Me After I File For Bankruptcy Can I Record The Telephone Call?, author Louisiana attorney Kevin Gipson suggests one should check one’s state law to determine whether it is lawful to record the call. In states such as Illinois, one cannot record a telephone call without the consent of all parties to the call. To do so, would violate the state eavesdropping law.
So, what is one to do? With or without evidence of a recorded call, one still needs to present the Court with a Complaint against the debt collector for violation of the automatic stay. In such cases, one should keep a notepad near each phone. Whenever you receive a collection call, make a note of the date, time, name of the caller, company name, subject of the call, name of a supervisor and phone number. Try to get as much information as you can so that you can testify in Court and tell the Judge your story. Your direct testimony is admissible to establish the fact that a violation occurred. Remember, you catch more flies with honey than with vinegar. Do not argue with or debate the caller. Try to get the caller to give you as much information as possible. Your note taking skill will be rewarded when the Judge awards you monetary damages for each phone call violation.
Andy Miofsky, Esq.
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