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Telling the collection agencies you are filing and their reaction...


KCG116
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About 18 months ago I decided to file for Ch 7 bankruptcy.

I saw an attorney and gave him a retainer.

From then on, whenever a CA would call I would tell them I am filing.

Every one of them read me the riot act or tried to...(until I hung up).

Anyway, the common theme was that they wanted MY attorney to answer their phone calls to confirm or send them a letter PRIOR to my petition being filed.

A few told me he HAD to do this...

However, attorney told me he had no obligation to send the letters and that their notice would be by the court after the petition is filed.

My filing was held up because I needed to deal with the IRS first.

Maybe two months after I first saw attorney, CA started calling again because they said the attorney had not returned their phone calls and therefore they did not believe I was filing...

Who is right-them or him? Are the CA's supposed to be notified BEFORE the petition?

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Both are correct.

You are under no obligation to tell a CA anything. There is no legal requirement for you to talk to them at all. So their demands that you do is nothing short of harassment.

However, the CA is within their rights to continue collections. Until your case is actually filed with the bankruptcy court, they are under no legal obligation to stop collection actions. Your attorney can field the calls if he wants or he can ignore them, just as you can.

There is no such thing as a prepetition notice of filing that you send to creditors. Your case is either filed or it isn't.

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On the other hand, once they know you are represented by an attorney, they are NOT supposed to be calling YOU at all, it's a violation of the FDCPA for them to do so. Doesn't really matter whether they believe you're going to file bankruptcy, the fact is you ARE represented by an attorney - they are in the wrong by harrassing you directly.

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On the other hand, once they know you are represented by an attorney, they are NOT supposed to be calling YOU at all, it's a violation of the FDCPA for them to do so. Doesn't really matter whether they believe you're going to file bankruptcy, the fact is you ARE represented by an attorney - they are in the wrong by harrassing you directly.

But if they cannot confirm representation because the lawyer is ignoring their calls as well then there is a safe-harbor there. The CA isn't in violation until they confirm attorney representation.

"(2) if 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 from the debt collector or unless the attorney consents to direct communication with the consumer;"

So if the lawyer fails to respond, the law specifically says the collector may continue contact.

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I must say that back in the day when I had collectors calling me, they were a lot of fun to toy with. When they would ask for me, I'd tell them to hold and then put the phone down for 10 minutes. Then they'd call back and I'd repeat.

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I must say that back in the day when I had collectors calling me, they were a lot of fun to toy with. When they would ask for me, I'd tell them to hold and then put the phone down for 10 minutes. Then they'd call back and I'd repeat.

My favorite is to tell them to hold on a moment and then come back and say "There that's better... I just had to start the recording device attached to this line. Now how would you like to violate the FDCPA today?"

Worked nearly every time. They either hung up or started sputtering about not consenting to the recording... to which I would say "That's not my problem. You're welcome to hang up if you don't want to be recorded."

Just messing with them when you really hold all the high cards can be entertaining.

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My favorite is to tell them to hold on a moment and then come back and say "There that's better... I just had to start the recording device attached to this line. Now how would you like to violate the FDCPA today?"
:mrgreen: That's great. I wonder if they knew what the hell you were talking about when you said "FDCPA"!
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  • 3 weeks later...

This forum helped me get rid of them too, but it's been years since I actually had a real live collector call me - I always got the machine 'please hold for a very important message' and/or please call 'this number'. Machines are just no fun!

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This forum helped me get rid of them too, but it's been years since I actually had a real live collector call me - I always got the machine 'please hold for a very important message' and/or please call 'this number'. Machines are just no fun!

They are starting to get in trouble for these too. One company in Boca Raton, FL just got hammered last week by the FTC for robodialing people on the DNC registry. Several states have outlawed the practice as well.

The main reason is that because there is no person making the call it could be misconfigured and dial into non-emergency and emergency call lines. This is also why unsolicited faxing was banned by the federal government 20 years ago.... junk faxers were tying up emergency services faxes.

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