Bankruptcy

Notice of Automatic Stay to Creditor

Notifies a creditor of the filing and identifies conduct the stay protects against.

What you get

  • An editable Word document, drafted from your answers and the state's published law.
  • A proof of sources: every citation in the draft with the words it quotes, the source and whether it is the official text, the date the text was saved and its fingerprint.
  • Notes for counsel listing each point marked [VERIFY], each blank and each choice left for the client.

What the intake asks

Plain questions, in the order an attorney would take the facts. Anything left blank stays a marked blank in the draft; nothing is invented to fill it.

The matter

  • Debtor(s)
  • Case number
  • Who filed the case
  • Current case status
  • Orders affecting this creditor or property
  • Chapter
  • Filing date
  • and 6 more

The debt itself

  • Who is collecting
  • Date of the last payment or written acknowledgment
  • Preserve a state consumer claim against the collector
  • What kind of debt is this
  • Debt purpose, history and collection facts
  • Conduct that must stop
  • What the creditor did after the filing, if anything
  • and 5 more

Where it is offered

Every state Lawsmith has sources for:

Sources on file

The drafter works from the texts Lawsmith has saved for this document in the state you choose, plus federal law where it applies. Each is read from its government publisher and dated, and labelled official only where the state designates that text official.

StateSources for this document
California38
Connecticut31
Delaware27
District of Columbia35
Florida27
Maryland33
Massachusetts31
New Jersey31
New York39
Ohio25
Pennsylvania22
Texas29
Virginia42

Among them, for New Jersey:

  • N.J.S.A. 2A:14-1: 6 years
  • N.J.S.A. 2A:14-24: Acknowledgment or new promise
  • N.J.S.A. 2A:14-5: 20 years; judgments
  • N.J.S.A. 2A:14-25: Indorsement or memorandum of payment on written obligation; effect
  • N.J.S.A. 45:18-1: Collection agencies to file bond

The law on file, state by state

What the drafter reads for this document in each state, from the publisher's own pages. A listed text is on file; whether it governs your matter is your call. The collection does not establish complete legal coverage.

California

Connecticut

Delaware

District of Columbia

Florida

Maryland

Massachusetts

New Jersey

New York

Ohio

  • Ohio Rev. Code § 2329.661. Certain claims not exempted statute

    Carve-outs narrow DIVISION (A)(1) OF SECTION 2329.66 ONLY: debtor-given mortgages and security interests, small manual-labor claims (confirm the cap), vendor's purchase-money and mechanic's liens, any mortgage lien,…

  • Ohio Rev. Code § 2329.662. Federal exemption not authorized statute

    OHIO HAS OPTED OUT of the federal exemptions: an Ohio debtor may not elect 11 U.S.C. 522(d) and must use the state scheme in section 2329.66.

  • Ohio Rev. Code § 1319.12 statute

    Section 1319.12 concerns a collection agency taking an assignment and suing in its own name under specified conditions, including its definition, written agreement and procedure.

  • Ohio Rev. Code § 1345.01 statute

    Consumer transaction scope text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

  • Ohio Rev. Code § 1345.02 statute

    Unfair consumer practices text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

  • Ohio Rev. Code § 1345.09 statute

    First establish a covered consumer transaction, supplier and consumer under section 1345.01, including its financial, professional and other exclusions.

  • Ohio Rev. Code § 2329.66. Exempted interests and rights statute

    OHIO'S EXEMPTIONS, and they are generous: a HOMESTEAD exemption in the residence, a motor vehicle, household goods, tools of trade, a wildcard, and full protection for most retirement accounts, all at the amounts this…

  • Ohio Rev. Code § 2329.70. Application for appointment of trustee statute

    The trustee procedure by which an Ohio debtor subject to a demand may have earnings administered for creditors, as an alternative to garnishment.

Pennsylvania

Texas

Virginia

How the draft is checked

Before it writes, the drafter must quote the saved text behind each citation. Lawsmith compares every quotation with the text on file, character for character; a citation with no checked quotation reaches you marked [VERIFY]. The draft still needs your review before it is signed, filed or sent. How citations are checked

Questions attorneys ask

What does Lawsmith draft for a notice of automatic stay to creditor?
Notifies a creditor of the filing and identifies conduct the stay protects against. You start from the matter's documents, describe it in your own words, or answer plain intake questions, and the draft comes back as an editable Word document for your review.
Which states is the notice of automatic stay to creditor offered in?
All 13 states Lawsmith covers: California, Connecticut, Delaware, District of Columbia, Florida, Maryland, Massachusetts, New Jersey, New York, Ohio, Pennsylvania, Texas and Virginia.
Where do the citations come from?
From the statutes, court rules, regulations and forms Lawsmith has saved from each state's government publishers, with the date each text was read and a label saying whether it is the official text. Before writing, the drafter must quote the saved text behind each citation; a citation with no checked quotation reaches you marked for verification.
Is it reviewed by an attorney?
No. Every draft is a first draft for a licensed attorney's review before it is signed, filed or sent. Each citation in it quotes the text Lawsmith has on file or is marked for verification.
What does it cost?
Five documents free, no card. After that, Professional is $499 a month for one attorney.

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