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Illinois Creditor Harassment Attorneys

Arlington Heights Creditor Harassment Lawyers

Lawyers for Bankruptcy Proceedings to Stop Debt Collector Harassment in Lake County, Illinois

If you are behind on your bills, you are probably receiving calls from your creditors demanding payment. If you are extremely behind, you might also have received letters or in-person visits from collectors threatening legal action against you. Unfortunately, this type of harassment rarely stops on its own.

At Newland & Newland, LLP, we understand that outstanding debts can result in your wages being garnished, repossession of your property, or foreclosure on your home. In some situations, you can even go to jail.

Once creditors get started down this road, finding your way back can seem virtually impossible. There is good news, however. Our attorneys know how stressful and challenging creditor harassment can be, and we have more than 60 years of experience helping clients find solutions and stop the harassment once and for all. In some cases, this is best achieved through bankruptcy proceedings.

Creditor Harassment Before Bankruptcy

Regardless of whether you have filed for bankruptcy protection, creditors must abide by the Fair Debt Collection Practice Act (FDCPA). The FDCPA is a federal law that allows creditors to seek payment of outstanding debts but prohibits them from threatening debtors or engaging in abusive behavior. Under the FDCPA, third-party debt collectors are also prohibited from contacting you directly once you have retained an attorney to help you manage your debts—even if you decide not to file for bankruptcy. Original creditors, such as the bank that originally issued you a credit card, can continue to contact you, but they must refrain from threats and abuse.

Creditor Calls During Bankruptcy

Once you have filed for bankruptcy under Chapter 7 or Chapter 13 of the U.S. Bankruptcy Code, an automatic stay will be issued by the bankruptcy court. The stay is intended to stop all collection activities on your outstanding debts, including repossessions, foreclosures, lawsuits, and even phone calls. No creditor is permitted to contact you directly during your bankruptcy proceedings.

Within the first few days of your filing, it is reasonable that a few creditors might not be aware of your bankruptcy. If you receive a call, inform the creditor that you have filed for bankruptcy protection and that they should contact your attorney.

If collectors or creditors continue to contact you after they knew or should have known about your bankruptcy, Attorney Stephen S. Newland and his team can help you take action to address the violation. We will assist in recovering any losses you have sustained as well as attorneys' fees related to the action. In extreme cases, you may be eligible to collect damages for emotional distress and punitive damages.

Life After Bankruptcy

When your bankruptcy is completed, most of your debts will be discharged by the court. Unfortunately, this does not always mean that creditors will stop trying to collect from you anyway. If your debt with a particular creditor was discharged, that creditor may not continue to contact you regarding the debt. You have the right to sue any creditor who does so. The bankruptcy court could also hand down sanctions against the creditor for contempt. Our attorneys will work with you to explore your options for taking appropriate action.

Call 847-549-0000 Today

If you are being harassed by creditors, contact our office to discuss ways to stop the harassment. Call 847-549-0000 for a free phone consultation at Newland & Newland, LLP today. We offer debt solutions to clients in Libertyville, Waukegan, Gurnee, Mundelein, Grayslake, Lake Bluff, Arlington Heights, Lake County, and the surrounding areas.

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