The calls stop the day you file. So do the letters, the lawsuits, the garnishments and the repossessions. That is the automatic stay, and it is the fastest relief in consumer law.
You do not have to wait for a discharge. Protection starts the moment the petition is docketed.
What stops
- Phone calls, letters and emails from creditors and collection agencies
- Collection lawsuits, including ones already filed and set for trial
- Wage garnishments and bank levies
- Vehicle repossession
- Foreclosure sales
- Utility shutoffs, for a period
- Most IRS and Franchise Tax Board collection activity
What does not
- Criminal proceedings
- Child support and spousal support collection
- Most tax audits, though collection pauses
- Actions against a co-signer, in a Chapter 7 but not a Chapter 13
You can tell them to stop calling before you file
Under California's Rosenthal Act and the federal FDCPA you can demand in writing that a collector stop contacting you. It does not erase the debt and it does not stop a lawsuit. But it buys quiet while you decide, and it costs a stamp.
If a collector keeps calling after you file
That is a violation, and it is worth something. Once a creditor has notice of your case, continued collection can expose them to sanctions and damages. Keep a log: date, time, number, what was said.
Most stop immediately. A handful of the smaller buyers do not, and those are the ones worth pursuing.
“Clients describe the first quiet week as the strangest part of the whole process. The phone stops and they do not trust it. That reaction is normal and it passes.”
Naomi Reyes-AshfordQuestions we get asked
Can they call my family or my job?
Collectors may contact third parties only to locate you, and may not disclose that you owe a debt. California's rules are stricter than the federal ones on this.
I've been served with a lawsuit. How long do I have?
Thirty days to respond in California state court. Do not ignore it. A default judgment turns into a garnishment fast, and it is far easier to deal with before that happens.
Does the stay apply to my spouse?
In a Chapter 7, only to the person who filed. In a Chapter 13, the co-debtor stay extends protection to a co-signer on consumer debt.
What if the debt is old?
California's statute of limitations on most written contracts is four years. If a collector is suing on something older, that is a defense, and sometimes a better answer than filing.
Start here
If you have been served with a lawsuit, note the date on the summons. That thirty-day clock is the most important number in your file right now.