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Ask Daniel Straffi, Jr. Esq.
How Do Creditors Harass People? Let Me Count The Ways…
W
hat’s the first thing we think of when we get an early morning phone call? Emergency. It startles us – we wonder who’s in trouble and what action we need to take, all before we’ve had our first sip of coffee. Then imagine it’s a creditor on the other end. We are angry. We feel harassed. It’s a terrible start to our day, and worse, it’s likely not the last we will be hearing from them. For many of us, this scenario is not hard to imagine at all. Although there are laws in place to curtail some creditor recovery actions and techniques, the reality is that people are more overwhelmed by creditor harassment at their home and workplace than ever before. Here are a few ways bankruptcy may be an option in stopping creditor harassment and collection efforts:
1. Stop harassing phone calls. This is likely the most common
complaint I hear from folks when they are contemplating bankruptcy. The phone calls are non-stop. Many people stop answering their phones altogether. It’s that constant emotional strain of knowing that they are being hounded that eats at people’s ability to sleep or otherwise carry on the normal functions of their day. Phone calls can sometimes extend to family members or the workplace. Creditors are becoming more creative in their methods by the day. Bankruptcy is a means of stopping the harassment. Upon the filing of a bankruptcy petition, all methods of harassment and communication by creditors cease by law. It is a powerful means of protecting oneself and moving forward. 2. Stop wage garnishment. Some folks can withstand the harassment…that is, until the harassment transforms into more affirmative
collection efforts. The most common and effective form of collection comes in the form of wage garnishment. People don’t want their employers to know about certain debt problems they may be experiencing. Once a wage garnishment is imposed, the debtor has no say in the matter. Not only can this be a source of concern and consternation between the debtor and his/her employer, but it obviously will have a dramatic effect on a person’s ability to meet their monthly expenses once the garnishment goes into effect. Bankruptcy will stop a wage garnishment in its tracks. 3. Levied bank accounts. Ignoring creditor harassment can sometimes mean ignoring everything that comes in the mail. This would potentially include lawsuits and the judgments that would arise from them if said lawsuits are ignored. Oftentimes, the call to action to proactively deal with one’s debts comes only after their bank account is frozen – without warning. Bounced checks, lack of disposable income and an inability to pay bills for the month follow. In some cases, if a bankruptcy is filed soon enough, those monies can be saved. However, it is best not to wait until the last minute. It is important that folks not ignore their credit situation until the last minute, or their assets can come under attack. The point of all of this is that waiting to explore one’s options does nobody any good. It is important to be proactive in addressing credit problems – for the sake of your family, your job, and, most significantly, your own sanity. The purpose of bankruptcy is to get a fresh start. Taking that first step in exploring your options – and refusing to allow yourself to be harassed any longer – is the key to acquiring that fresh start.
For more information, call 732-341-3800 or visit www.straffilaw.com.
For more information or to schedule an appointment, Contact : Daniel Straffi Jr. at 670 Commons Way, Toms River, NJ. CALL: 732-341-3800 Daniel Straffi, Jr., Esq. Protect Yourself Against Foreclosures, Judgments, & Harassing Creditors
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