Being deep in debt is hard enough, but on top of it most people experience incessant collection phone calls, and often lawsuits from creditors and wage garnishment.
When you fall behind on your bills it isn’t long before your creditor begins to call you demanding payment. Eventually, your creditor may hire a debt collection agency to attempt to collect from you, or even “charge off” your debt entirely and sell it to a third party, who will then attempt to collect the debt from you.
In many cases, our clients have been sued by at least one creditor, sometimes multiple creditors. If the creditor wins the suit or gets a default judgment, the creditor then has strong powers of collection, including the ability to garnish your wages! With the proper paperwork, your creditor can literally have money taken from your paychecks and sent directly to them.
If you are deep in debt that you simply cannot afford to pay back, it is time to explore how bankruptcy can stop collection actions against you and get you out of debt. Imagine living life debt-free, no more incessant phone calls, and no more worrying about potential lawsuits.
Bankruptcy Puts an End to Collection Phone Calls, Wage Garnishment, and Lawsuits
Bankruptcy stops all collection actions. As soon as you file, your creditors must stop trying to collect from you, stop calling, and wage garnishment will stop and pending lawsuits will be halted. Bankruptcy is powerful.
The U.S. Bankruptcy Code contains a provision for an Automatic Stay, which makes it illegal for creditors to attempt to collect on debts from a person who has filed for bankruptcy protection. Yes, illegal. Any creditors found to be in violation of the Automatic Stay may face sanctions by the Court.
There are only a few exceptions to the automatic stay. The automatic stay exceptions include family law proceedings relating to divorce or parenting, collection on ERISA-qualified pension loans, IRS tax audits, demands for tax returns, or assessment of tax liabilities. However, the IRS must cease and desist from collection action for tax debts while the automatic stay is in effect.
Meet with us for a free consultation.
If you have questions about bankruptcy in Georgia, we invite you to come meet with us for a free consultation. We proudly serve the people of Savannah, Chatham County, Effingham County, Bulloch County, Bryan County, Liberty County, and Long County. Schedule your free consultation by calling us at (912) 351-9000 or by filling out this simple web form.
We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.