Creditor Harassment Attorneys
Living with multiple streams of debt is a seemingly never-ending issue. You find yourself in a revolving door of debt as you struggle to improve the standing of many credit accounts. Oftentimes, individuals must take out a new loan to pay off an old one which continues the cycle of consumer debt. All it takes is for you to slip up on one payment before you start experiencing creditor harassment.
What may start off as a friendly reminder to make a payment on a particular account can quickly turn into creditor harassment. Some debt collectors will even go as far as contacting your friends and loved ones about your debt. If your debt issues are much more than just one missed payment, it may be time to seek legal help. A Louisiana bankruptcy attorney at E. Orum Young Law Offices can help stop creditor harassment today.
How Bankruptcy Halts Creditor Harassment
If you are overwhelmed with debt issues, the numerous collection calls do nothing but add to your stress. As much as you would like to pay off everyone, it simply may not be possible. Luckily, there is a surefire way of putting an end to those invasive creditor calls.
Bankruptcy Automatic Stay Stops Debt Collection
Filing for bankruptcy has long been a proven efficient means of getting creditors off of your back. The way attorneys accomplish this is through the implementation of an automatic stay. An automatic stay prevents creditors from collecting on all debts with a few exceptions. Once an automatic stay is in effect, creditors cannot:
- Call your home, job, or family members for debt collection
- Send you any bills or letters
- Take you to court
- Garnish your wages
- Foreclose your home or repossess your vehicle
Although your debt remains until it is discharged, creditors can no longer contact you. If any third-party debt collector or creditor harassment continues during this time, our experienced attorneys can step in and ensure that they respect the court order. Creditors who intentionally continue collection efforts can be found in contempt of the court and be ordered to pay damages including attorney fees.
E. Orum Young Law Offices has filed the most bankruptcies in Northeast Louisiana, with over 20,000 cases filed. We can meet with you and discuss whether Chapter 7 or Chapter 13 bankruptcy is best for you and serve as your legal ally throughout the entirety of the process. Contact us today for a free case evaluation. Our Trial Guarantee ensures that we will take your case to trial if you are ever dissatisfied with the results.
Filing Bankruptcy Stops Repossession
Have you fallen behind on your car loan, boat loan, truck loan, ATV loan, or motorcycle loan? Auto loans are considered secured as there is a tangible item attached to them. When you fail to make timely payments, lenders have the legal freedom to seize your vehicle as a form of payment. Not only is a repossession damaging to your credit report, but you are often left without transportation as you struggle to reclaim your vehicle.
If you believe repossession is a possibility as a result of your payment delinquency, get in touch with a seasoned Louisiana bankruptcy attorney. Through Chapter 13 bankruptcy, you may only have to pay the present value of your vehicle at a lower interest rate. If lenders have already repossessed your vehicle, it is crucial that you act fast. You typically have ten days from the day of repossession to file Chapter 13 bankruptcy.
Your Rights Against Lenders
Creditors cannot take your possessions without providing some sort of notification or warning. Louisiana law prohibits creditor harassment such as coming to your home and towing your car whenever they please. Many lenders will try to trick or confuse individuals into believing that their release is not needed, or that they unknowingly gave a release to have their vehicle towed. Being aware of your rights as a debtor can help you identify when creditors infringe upon them. There are only three methods of repossession that creditors can pursue, one of which is highly restricted in Louisiana.
Voluntary Repossession
Voluntary repossession is just that: voluntary. Creditors will often try to sway you to believe that you must sign a document, but you are not legally obligated to do so. If you do sign the agreement, you are permitting them to tow your vehicle. If you do not, they will have to pursue a court judgment to get permission to repossess your vehicle.
Court Order
Creditors who pursue a judgment and win have the right to seize your vehicle. There will be no documents for you to sign and a deputy or sheriff will have your car towed. Your best option in getting your vehicle back is to acquire the services of a local bankruptcy attorney.
Self-Help
Louisiana is not a ‘self-help’ state, which makes this method highly questionable if pursued by a creditor. Self-help repossessions are those that are permitted based on contract terms rather than a court judgment. If lenders accurately seek this method, there will be no voluntary repossession form, and they can take your vehicle without your signature. In most cases, the creditor bypassed the strict state guidelines to get your vehicle. If you believe this to be true, it is crucial that you waste little time in securing legal help.
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E. Orum Young Law Offices has filed more than 20,000 bankruptcies in Northeast Louisiana and are fully aware of shady repossession tactics pursued by creditors. Our seasoned bankruptcy attorneys in Monroe, LA can stop repossession and guide you through the Chapter 13 bankruptcy process. Honors given to the members of our legal team have included the Gold Medal Congressional Award. Our Trial Guarantee ensures that we will take your case to trial at your request. Contact us today for a free case evaluation.
