Filing for bankruptcy is something everyone hopes to avoid in their lifetime. If it does become necessary, one can only hope that the process will go as painlessly as possible. However, when creditors and debt collectors refuse to leave you alone, filing for bankruptcy can be especially stressful.
If this sounds familiar, then the harassment you are experiencing may be illegal. If so, then hiring an attorney may be in your best interest moving forward. But how is this possible while filing for bankruptcy?
The FDCPA and Attorney Payment
When you file for bankruptcy, you are telling the government that you are unable to repay your debts and require assistance to do so. This action releases you from responsibility for these debts and protects you from further creditor contact under what is called an “automatic stay”.
Aside from a few exceptions (such as criminal cases, eviction notices, or certain forms of child support), any creditor contact after an automatic stay is considered a violation of the court of law. This is because of the Fair Debt Collection Practices Act, or FDCPA.
If you believe that the FDCPA has been violated in your case, then it is in your best interest to contact an FDCPA attorney. However, unlike in most legal cases, payment for these attorneys is not made upfront. In fact, most people with FDCPA attorneys don’t need to pay them at all.
This is because attorneys seek payment not from the filer, but from the collection company(s) violating the law.
This means that, especially for people filing bankruptcy, FDCPA attorneys are especially low-risk and determined to win your case. Even most consultations are completely free of charge, leaving you with free representation for your case.
Benefits of Hiring an Attorney
Why is hiring an attorney for FDCPA violations so necessary? While it is possible to accomplish on your own, the legal process can be lengthy or confusing without one.
For example, attorneys are more well-versed in the specifics of the FDCPA than anyone other legal professional. This means they can formulate the best case against your creditors and help you to supply evidence.
For example, some creditors attempt to get payment through threats, omission of information, or falsified documents claiming to have legal merit. Attorneys can compile this and present the evidence in bankruptcy court to ensure that your case goes through.
In certain cases, creditors continue to violate the FDCPA and bankruptcy’s automatic stays even after they have been warned. This may lead to an official court lawsuit, during which an attorney is invaluable to your case.
In fact, over the last few years, numerous debt collection agencies have been successfully sued for millions of dollars based of FDCPA violations, all led by proactive FDCPA attorneys.
Contacting an Attorney
Speaking with an attorney about your creditors’ harassment could be the first step you take towards a successful case. Before beginning the legal process, consider a free consultation with an FDCPA attorney in your area today.