Creditor calling HUbby's work

[Mom2one]

Hi. Is there anything I can do about this. We are 2 to 3 months late on our cards. Today they called my husbands workplace. He is very upset as they do not know we are filing BK. We will not be filing for a few more months.

Thanks
Christine

[AngelinaCat]

Hi Mom2one:

You need to write letters to all of your creditors--especially the one(s) harrassing hubby at work. The Fair Debt Collection Act has very specific guidelines that creditors must follow. See the link for more information:

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm

Anyway, write your letters telling them that they are to contact you by MAIL only, and NOT to contact any neighbors, employers, or anyone else. These need to be sent by certified mail with return receipt.

If you have already retained a BK attorney, send courtesy copies to him or her, with the appropriate notation at the bottom of the letter. Also, if you have an attorney, even though you are not planning to file for several months yet, go ahead and give the contact info for the attorney to the creditor, and tell them to contact your attorney.

Good luck to you.

[treehugger1]

The FDCPA only refers to third-party collectors, although there are arguments that the FDCPA also refers to some original creditors.

Still, it will not hurt to send return-recepit certified mail to the original creditors asking that they cease and desist phone communication. I think that some of them will abide by your request. In particular, you would need to search your state laws and see if your state has a broader statute then that of the FDCPA.