David M. Siegel answers in 36 seconds. Watch on YouTube · Read the transcript.
Short answer: Yes. The automatic stay ends collection calls the moment the case is filed, and you get a case number to give anyone who calls. They should stop even earlier than that — under the Fair Debt Collection Practices Act, giving out your attorney’s name and number is usually enough.
The calls stop before the case is even filed
This is the part people do not expect. Under the Fair Debt Collection Practices Act, once a collector knows you are represented, they are supposed to contact your attorney rather than you. Giving out your lawyer’s name and number is often enough to end the calls that week.
Most collectors comply. It is a federal statute with real penalties, and the large agencies have no appetite for violating it. You do not have to wait until a case is on file to get relief.
What the automatic stay does
When the case is filed, a federal injunction takes effect immediately. Collection calls, letters, lawsuits, garnishments and repossessions all have to stop. Not slow down — stop. A creditor who keeps calling after being notified is violating a court order.
You are given a case number, and that number ends most conversations on the spot. Believe me, once a collector knows there is a case on file, they do not want to be calling you either.
Why the calls feel worse than the debt
People come in exhausted more than broke. The phone starting at eight in the morning, the same three numbers over and over, the calls to a work line, the worry that a relative will pick up. That wears people down in a way the balance alone does not.
It is a legitimate reason to make the call. Nobody should have to live that way while they work out what to do.
If a collector will not stop
Occasionally one keeps calling anyway. Write down the date, the time, the number and who they claimed to be, and tell your attorney. Violations of the automatic stay can be brought back before the bankruptcy court, and a creditor who ignores a federal injunction is in a poor position.
In practice it rarely comes to that. But documentation is free, and it takes ten seconds.
Want the calls to stop this week?
The consultation is free and there is no obligation. You will find out what you qualify for, which debts can be eliminated, what it costs, and what the payment plan looks like.
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Your case is handled by phone — you do not need to come into either office. Even the meeting of creditors is held on Zoom. We represent clients across the Northern District of Illinois: Cook, DuPage, Grundy, Kane, Kendall, Lake, LaSalle and Will counties.
Full transcript of the video
can I stop creditor calls by filing for bankruptcy yes that’s one of the advantages of filing for bankruptcy there’s an automatic stay that goes into place you’ll also have a case number that you’ll be able to give to creditors if they call you believe me creditors don’t want to be calling you once they know that you’ve actually either hired an attorney or filed for bankruptcy and have a case number so the calls are going to stop after you file for bankruptcy and they really should stop before you file as long as you provide your attorney’s name and number that’s called the Fair Debt Collection Practices Act and most creditors are going to obey that federal law
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About the author. David M. Siegel has represented consumer bankruptcy clients in the Northern District of Illinois since 1991 and is the author of several books on consumer bankruptcy. The firm has offices at 790 Chaddick Drive, Wheeling, IL 60090 and 10540 S. Western Ave, Suite 202, Chicago, IL 60643, and handles cases by phone for clients throughout the Chicago area.
This article is general information about Illinois and federal bankruptcy law. It is not legal advice, and reading it does not create an attorney-client relationship. Every case turns on its own facts — speak with an attorney about yours.