What can a debt collector do if I file for bankruptcy?
If you file for bankruptcy in California, debt collectors may no longer try to collect the debt from you. Bankruptcy prevents debt collectors from further communication with you, including calls and letters. Once bankruptcy is filed, debt collectors must stop their collection activities and they cannot try to collect the debt from anyone else. However, debt collectors can still take legal actions such as filing a lawsuit against you in court. Once a debt collector is informed of your bankruptcy filing, they must inform the court and list all the debts they are collecting on behalf of their clients. The bankruptcy court will then review the list of debts to determine which debts are dischargeable and which are not. Any debt that is discharged in bankruptcy is eliminated and the creditor cannot take any further action against you. However, certain types of debts such as student loans and unpaid taxes may not be able to be discharged in bankruptcy. It is important to note that filing for bankruptcy does not necessarily stop debt collectors from taking legal action against you. Some debt collectors may still pursue a lawsuit against you in order to collect on the debt after your bankruptcy is complete. However, you have the right to object to any legal action taken against you and can defend yourself in court. Additionally, a bankruptcy lawyer can help you defend yourself in court and protect your rights.
Related FAQs
How do I know if a debt collector is legitimate?Can a debt collector contact me at work?
What type of debt is not subject to collection?
Can a debt collector garnish my wages?
How can I protect myself from illegal collection practices?
What is the responsibility of a debt collector with regards to debt collection and accuracy of information?
What are some of the most common violations of the Fair Debt Collection Practices Act (FDCPA)?
What penalties can I face for non-payment of debt?
Can a debt collector use deceptive practices to collect a debt?
What kind of remedies are available for violations of collection defense law?
Related Blog Posts
A Beginner's Guide to Collection Defense: What You Need to Know - July 31, 2023What is the Fair Debt Collection Practices Act and How Does It Affect Your Rights? - August 7, 2023
How to Challenge Unfair Collection Tactics - August 14, 2023
Common Collection Defense Strategies that Could Help Your Case - August 21, 2023
Understand Your Rights: What You Need to Know About Collection Defense Law - August 28, 2023