marinevet Posted January 8, 2008 Report Share Posted January 8, 2008 Once a debt collector that has sued someone has been notified from a lawyer that they are representing the person being sued, is the debt collector allowed to make contact with the defendant, ie. phone calls? Link to comment Share on other sites More sharing options...
flynhigh Posted January 8, 2008 Report Share Posted January 8, 2008 From my understanding, that if you have "retained" and attorney to represent you the "Defendant", then all correspondence should be done through your attorney. If CA's keep calling, 1. I would keep a log of who, when, and phone number called from, 2. I would state to them "My Attorney is XXXXX, his number is XXXXXX, 3. Advise your attorney who is calling you.Thats my opinion.....maybe someone else can add more Link to comment Share on other sites More sharing options...
StressPot Posted January 8, 2008 Report Share Posted January 8, 2008 Great advice flynhigh!He is correct - once you have obtained legal representation the other party MUST communicate to you through the attorney! This is listed in the FDCPA under:805(a)(2) Communication In Connection To Debt Collectionif the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, unless the attorney fails to respond within a reasonable period of time to a communication fromthe debt collector or unless the attorney consents to direct communication with the consumerOf course you could give them permission to contact you, but really the only legal way the CA could contant you is when your attorney fails to make his or her presence known.StressPot Link to comment Share on other sites More sharing options...
marinevet Posted January 8, 2008 Author Report Share Posted January 8, 2008 Great advice flynhigh!He is correct - once you have obtained legal representation the other party MUST communicate to you through the attorney! This is listed in the FDCPA under:Of course you could give them permission to contact you, but really the only legal way the CA could contant you is when your attorney fails to make his or her presence known.StressPot That's what I thought. I have retained a lawyer and he mailed them a letter the 20 something of Dec. stating that and asking for any documentation that they may have pertaining to this debt and myself.So, being as that was at least 2-3 weeks ago, I'm sure that it has arrived long before now. I used to live about 30 miles from where their office is and mail only took 2-3 days to arrive there from here.What they have done is called my home yesterday and left a message asking for a return call. My gut feeling is that they have no evidence proving that it is my debt and they are going to try to scare me into settling with them before the scheduled court date next month. Link to comment Share on other sites More sharing options...
StressPot Posted January 8, 2008 Report Share Posted January 8, 2008 My gut feeling is that they have no evidence proving that it is my debt and they are going to try to scare me into settling with them before the scheduled court date next month.That is possible. Just know that you now have grounds for a counter suit (if you didn't already). I am sure you will or already have let your attorney know of their violation.StressPot Link to comment Share on other sites More sharing options...
marinevet Posted January 8, 2008 Author Report Share Posted January 8, 2008 That is possible. Just know that you now have grounds for a counter suit (if you didn't already). I am sure you will or already have let your attorney know of their violation.StressPotEmailed him just a moment ago. Link to comment Share on other sites More sharing options...
Recommended Posts