St. Louis Stop Garnishment and Creditor Harassment Lawyers
Bankruptcy’s First Benefit: Automatic Stay of Creditor Collection Activity
The common word “stay” has a special meaning in the law. A stay is a court order that keeps something from happening, such as foreclosure of a mortgage or repossession of a motor vehicle.
Bankruptcy law provides that every petition filed by a debtor acts essentially as a stay of any creditor action to collect, enforce or even determine the amount of a debt owed by the person who filed for bankruptcy relief. In other words, bankruptcy creates a blanket automatic stay that protects debtors from creditor collection activity as of the time the bankruptcy is filed.
St. Louis Lawyers for Garnishment, Collection and Other Debt Emergencies
The Law Office of Kenneth P. Carp in Bridgeton, MO works with people who need relief in or out of bankruptcy when they need to stop a wage garnishment or bank account seizure. For an attorney’s advice about your legal options when you need to put a stop to creditor harassment and collections, contact our office for a free consultation.
There are a few important exceptions to bankruptcy’s halt to collection activity. For example, collection of child support or alimony payments can continue. Sometimes creditors holding other kinds of claims can ask the court for relief from the automatic stay. For the most part, however, the automatic stay is bankruptcy’s first and most powerful benefit, and it continues for as long as your case is in bankruptcy court.
Our attorneys can let you know how you benefit from bankruptcy’s automatic stay in the St. Louis area and other Missouri communities. It puts a stop to garnishment, lawsuits, foreclosure, and other creditor collection tactics, including:
- Creation or enforcement of a lien
- Repossession of cars, trucks or other property
- Commencing or continuing a mortgage foreclosure
- Starting or pursuing a lawsuit to obtain a judgment against you
- Contacting you by letter, phone or e-mail to ask about a debt owed before you filed for bankruptcy
If your most pressing current debt problem has led to a garnishment of your paycheck, we might be able to find ways to protect your interests without filing for bankruptcy relief. You might be able to exempt part or all of your assets from garnishment, or you might be eligible for garnishment at lower rates.
Creditors who continue to pursue their claims in spite of the automatic stay or the Fair Debt Collection Practices Act risk liability to the debtor for these violations.
Exploring St. Louis Debt Relief Options In and Out of Bankruptcy: (636) 947-3600
For additional information about your rights under Missouri garnishment statutes and federal bankruptcy law, contact the Law Office of Kenneth P. Carp in Bridgeton, MO for a free consultation with an experienced lawyer.
We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.