Stop Creditor Harassment
Stop Debt Collector Harassment
No need to explain how stressful and disruptive collection calls can be. Burleson Legal Group has heard it all. There is help, laws designed to eliminate harassment and if violated, provide you with money damages. As a resident and consumer in Wisconsin, you have protections from harassing collector calls under the Wisconsin Consumer Act Section 427.104. Some argue the best protections across the country. For instance, a collector is prohibited, in part, from threatening you or your dependents with force or violence, threatening you with criminal prosecution, using obscene or threatening language, or communications with you or a person related to you too frequently or at unusual hours in a manner reasonably expected to cause harassment. As recently as 2020, a person related to you is to be broadly construed. There are also protections afforded you under the Fair Debt Collection Practices Act (FDCPA). Harassment here has been defined as repetitious phone calls by collectors that are intended to annoy, abuse or harass you or any person answering the phone. Additionally, once the creditor is on notice, the FDCPA requires that the collector only contact us and not you.
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What if a Creditor Gets a Court Judgment?
If there’s a stack of unpaid bills gathering dust in the corner and you simply do not have the disposable income to pay them, or if you find yourself dodging collector calls and hiding from the truth of the debt building up behind you, then it might be time to consider a fresh start by filing a Chapter 7 bankruptcy.
Getting Back Your Peace of Mind with the Automatic Stay
Obtaining a fresh start from harassment and lawsuits may require you take a global approach to restructure your debt or end your financial obligations all together. When the decision has been made to file for bankruptcy then you know that you will be armed with one of the most powerful protections in law, the automatic stay. The Automatic Stay under section 362 of the Bankruptcy Code provides you with a shield of protection that prevents most all creditors from pursuing any further or future collection activity. Yes, it stops the harassing calls, lawsuits, levies, garnishments, repossessions and foreclosures. This powerful protection is issued immediately upon filing your bankruptcy case.
The Purpose of the Automatic Stay
The automatic stay was created to provide you with some breathing room and to prevent creditors from racing to the courthouse to fight over your assets. For most creditors this shield of protection stays in place until you receive your bankruptcy discharge. Of course, the creditor’s have rights to and therefore; they can file a motion with the bankruptcy court to lift the stay and resume their collection efforts. It is important that you have an experienced bankruptcy attorney on your side, one that knows what to anticipate in your case. Having handled over 10,000 Wisconsin bankruptcy cases we know what to expect and how to deal with it.
Contact Burleson Legal Group Today
The first step toward your financial fresh start is to call or email us today. You will speak with a down-to-earth and experienced debt relief attorney who will lay out your options in an easy-to-understand manner. The consultation itself doesn’t take long and it is free. We look forward to hearing from you today!