Florida Business Litigation & Insurance Coverage Law Blog

Friday, February 9, 2018

Harassing Phone Calls After Filing Bankruptcy

If you are tired of being harassed by debt collectors and cannot seem to catch up on your payments, filing for bankruptcy might be an option for you.  If you decide to take this route, debt collectors must stop their collection efforts, including harassing phone calls. Debt collectors are automatically notified of your filing, so any call received after they are notified is a violation of the Telephone Consumer Protection Act (TCPA), in addition to The Bankruptcy Code.


But They’re Still Calling


So let’s say you are still receiving calls even after you filed, your case was successfully discharged, and you no longer have to pay your debts. In some cases, not enough time has passed since your case was discharged and they may not have been alerted yet. In other cases, debt collectors choose to ignore the notification because they assume that most people will not put up a fight and actually file a lawsuit. Although you are no longer required to pay your debts, collectors can be very persistent since they only make money if they scare you into paying.


How Do I Make Them Stop?


The most important thing you can do is to tell them to “STOP CALLING!”. Calls received after revoking consent is a direct violation of the TCPA. It is also recommended to document everything. Save your phone records, take screen shots, save voice messages, and etc. You can even send them a fax or certified letter telling them that your debt has been discharged and to stop calling.


So whether you have just filed or you have already filed and your case has been successfully discharged, be sure to revoke consent and keep records. You could be entitled to sue for $500 per call. We often take these cases on a contingent fee basis, meaning that you do not pay us anything unless we recover money for you.

The Davis Law Firm is located in Jacksonville, Florida and serves clients throughout the states of Florida and Georgia, including Jacksonville, Miami, Pensacola, Orlando, Tampa, St. Petersburg, St. Augustine, Fort Myers, Daytona Beach, Panama City, Destin, Melbourne, Fort Lauderdale, West Palm Beach, Tallahassee, the Florida Keys, and everywhere in between.

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