Creditors Interchange .... Don't care if I have an Attorney

[Holli44]

I received a TC from Creditor's Interchange about a debt that I owed on Chase CC. I informed the women that was calling that I had filed Chapter 7 and was currently represented. I went to give her my attorney information and she told me she wasn't going to take it because it was up to my attorney to call them and not up to her to call my attorney. I explained that they were not allowed to call me since I was represented. She said will you spent the money now pay it back. I asked to speak to her supervisor.

The supervisor told me that they do not have and obligation to contact my attorney and that they have the right to call me everyday to harass me about the collection.

I have contacted my attorney but have not received a call back as of this writing.

I live in Florida.....Even though I filed chapter 7 and have retained an attorney do they still have the right to continue to call and harass me with regards to the debt?

Do I have any recourse? :troll:

[WhoCares1000]

No they don't and if your attorney does not call you back by Monday, you need to make another call.

Simply put, once BK is filed, the creditors cannot contact you in any way, shape, or form. This is called an automatic stay and the courts are very serious about enforcing it because that is one of tenants of BK law. Most creditors, upon hearing that BK has been filed, immediately apologize and cannot get off the phone with you fast enough. This creditor apparently does not have 2 functioning brain cells in the whole organization and are about to be on the receiving end of a can of whoop a$$.

Now, had you not filed BK, then the FDCPA would apply. In the act, it says that if you have an attorney representing you and you request that the CA contacts the attorney, they have to cease calling you and only discuss these matters with your attorney. The BK laws superced the FDCPA which is fine because the BK laws stricter than the FDCPA and the sanctions tend to be quite a bit higher.

In other words, you were right and the CA is totally wrong. If your attorney does not call by this evening, I would start to keep a written records of when they called, from what number, who they were, and what was said. You may want to take pictures of your caller ID if you have one and even try to record the calls. Your attorney will get in contact with you sooner or later to deal with this.

[Flyingifr]

I would send them a letter, CMRRR, and in that letter I would give them the attorney's name, address and phone number and the BK file number.

After you get the green card back, the next time they call you simply file suit under the FDCPA violation of contacting you when they know you are represented and then have your attorney ask the BK Court to enforce the automatic stay.

[Holli44]

Thanks for the replies. Flyingifr, I will do that. Creditor's Interchange are such idiots they use intimidation to try to get people to pay. Thanks Again......