subject: How To Stop Creditor Harassment Greenville? [print this page] If the creditor harasses the debtor, then he or she has the right to sue the creditor. However this is possible only with the help of the lawyer.
Once in bankruptcy, any creditor with a provable claim is prohibited from proceeding with any action against the debtor. In other words, the creditor cannot initiate or continue any lawsuit to collect on the debt that creditor needs permission of the court, technically called a "leave of the court", to do so, and in almost all cases the court will not give the creditor that permission. How to stop creditor harassment Greenville? Once creditors know that the debtor is bankrupt, they should stop harassing the debtor and refrain from sending further letters demanding payment. Most institutional creditors know the bankruptcy process and will not bother the debtor anymore. They will work through the trustee in bankruptcy, and obtain a special order from the court if they foresee a problem, if the trustee refuses to settle the debts, or if they have a special claim.
In some cases, creditors will have claims that will survive bankruptcy discharge. Those claims, as set out in Chapter VII, relate to fines and penalties, claims for alimony, maintenance and support, and claims based on fraud or misrepresentation. In these types of claims, the creditor can sue the bankrupt after the bankrupt and the trustee are discharged. If the creditor wishes to proceed earlier than that, then the creditor requires a special order or leave of the court to do so. The creditor cannot call the debtor. The creditor cannot threaten. The creditor is unable to file any type of criminal complaint against the client.
In situations to stop creditor harassment greenville, send another letter to the creditor with more stern and specific language. List your name, address, account number (if the debtor have it), and the amount the client owe. It is important to mention that the debtor have contacted the creditor in the past regarding the discharge of his or her debt (hence, this is a second letter). Mention that the debt was discharged in bankruptcy and include a copy of the discharge statement with the letter. State the next step should the debts collection efforts continue, which should be to pursue legal rights through the aid of an attorney who may bring harassment charges against the creditor. Make more than one copy of this letter for client and attorney's records. Further, if the harassment is significant, allow the attorney to draft the letter on behalf the client to ensure that it is legally binding. The collection efforts should stop immediately. If not, contact an attorney and sue the creditor for harassment.
