dsantos31 Posted March 15, 2005 Report Share Posted March 15, 2005 I have one CA that continues to call even after I had informed one of their reps that I was filing Chp 7 & provided them with my attorneys info. They are still calling and always leave a recorded message with a call back number on my machine. There are also times they call w/o leaving a message but their number registers on my caller ID. When I answer the phone, the call immediately is disconnected. So, I have been unable to advise them that they have been notified of my BK filing and are in violation by continuing to contact me.Also, there is another CA that has a judgement against me who called me after they too had been informed of my BK filing. His excuse for calling me again was that he contacted my attorney's office and was told I was only represented via "fax". I verified with him my attorney's information & told him that I found it suspect that he would get this response since no other CAs have contacted me after being informed of my BK filing, but I would contact my attorney regarding this issue. Do I have any recourse regarding these two CAs for contacting me after they have been informed to contact my attorney? Thanks in advance for your assistance. Link to comment Share on other sites More sharing options...
crofttk Posted March 15, 2005 Report Share Posted March 15, 2005 IF YOU HAVE ALREADY FILED, they can get in quite a bit of trouble perhaps. Make damn sure you tell your attorney about this and he should be able to put a stop to it if you've already filed.If you haven't filed but will real soon, I think you'll just have to grit your teeth and get through it until you've actually filed -- doing what you have been doing.Once you've filed, there should be an immediate stay in place and the onus will be on your attorney and the court to take action against them.Anyone please feel free to contradict me if you have better info. I went through BK7 but that was 8 years ago. Link to comment Share on other sites More sharing options...
momof5 Posted March 15, 2005 Report Share Posted March 15, 2005 Actually, what amazes me is that consumers do not realize what they have paid their atty for! Why do you think he charged you the fees he did - it is HIS responsibility to get all over CAs who continue to call after BK is filed!I had one OC for a note lot car who was harrassing my HR department about what location I was at (I did not work at the main office.). They kept telling him that they could NOT give out that information and they would not transfer his calls. But they were calling me and this was becoming an issue, so I allowed the call transfer. They traced me to my location and repo'ed my car at lunch!!!!I immediately called my BK atty. He called them, chewed them a new arsehole and forced them to bring my car back to me. Period.Use your atty - that is what you paid him/her for! Link to comment Share on other sites More sharing options...
LadynRed Posted March 15, 2005 Report Share Posted March 15, 2005 I have to agree with Croftk - if you have not ACTUALLY FILED yet, and do not have a BK case number, you do NOT YET have any protection under the bankruptcy law that would prohibit a CA from calling you. Once you DO file and have that magic case number, THEN you have the protection of the automatic stay and they are in contempt for violating it. Once you have notified these dirtbags that you are represented by an attorney, per the FDCPA, they may not call you any more, they must go thru your lawyer. Link to comment Share on other sites More sharing options...
dsantos31 Posted March 16, 2005 Author Report Share Posted March 16, 2005 Thanks for the information everyone. My attorney is currently reviewing my MFTRA & we should be filing shortly. Until then I will have to deal with the calls. I will be soooo glad when I can get this monkey off my back. The day I get my discharge papers I will be the day I exhale. Link to comment Share on other sites More sharing options...
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