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    Can they keep calling?

    Ok, we haven't filed yet, but our attorney told us when the creditors call, to tell them his name/number and to cease phone calls to our home/work. Capital One WILL NOT GIVE UP....

    Can they legally keep harassing me even though they have been informed that they need to speak with our attorney? It's CONSTANT - like 4 times today, 3 times yesterday.....

    #2
    Yep!

    Legally they can call you right up until you file.

    When we first hired our attny, we thought we'd be filing soon. I told Creditors when they called we were filing.

    Some said they would make the notation in our file and quit calling. Others said they would continue to call until we filed.

    Just use your Caller ID or let an answering machine take phone calls until you know who's on the other end of the line. Then answer when it's someone you want to talk to.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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      #3
      complain to the state ag, bbb, and maybe the cops. Since u told them you have nothing to say, and they keep calling - it's harassment. Which is illegal.

      r
      Filed: 05/04/06 (los angeles)
      341: 06/05/06
      Discharged: 8/29/06
      Closed: 9/08/06

      Comment


        #4
        Whenever we told the callers to call our attorney they told us that they couldn't until we had a case number. Until we filed they'd keep calling. BofA was the worst! So glad to be past that!

        Comment


          #5
          This is somewhat of a gray area I feel. Some attorneys told us, "Once you've retained us, and given our contact info to the creditor, they are no longer allowed to contact you." And others said, "They can continue to contact us up until the creditor receives the notice of the Stay." This is one of those "Who knows". We had creditors call after we retained our attorney and others didn't.

          All you can keep doing is refer them to your attorney.
          Bankruptcy History:
          Chapter 7 filed - 10/12/2005 - Asset
          Discharged - 02/16/2006
          Case Closed - 11/08/2007

          A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

          All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

          Comment


            #6
            I discontinued my land line and got a cell phone. They did not call my cell phone. Here is the "funny" part. Capital one was included in my BK. and now after discharge they are sending me offers for credit cards. They hit the trash. That is exactly what these people are--trash. They try every method to get you further (or back) in debt. Sick people, really.

            Comment


              #7
              Originally posted by debtisbad View Post
              I discontinued my land line and got a cell phone. They did not call my cell phone. Here is the "funny" part. Capital one was included in my BK. and now after discharge they are sending me offers for credit cards. They hit the trash. That is exactly what these people are--trash. They try every method to get you further (or back) in debt. Sick people, really.
              Yeah, I've gotten those too.

              You gotta be REAL careful with that stuff. A lot of those jerks will try and trick you into reaffirming your debt. They'll offer you a card and if you sign up they'll be something in the aggreement that says you will repay the original debt that you got discharged through bankruptcy. If they can trick you into signing that you're screwed. They'll give you a new card and slap the old balance on it.

              Comment


                #8
                Originally posted by debtisbad View Post
                I discontinued my land line and got a cell phone. They did not call my cell phone. Here is the "funny" part. Capital one was included in my BK. and now after discharge they are sending me offers for credit cards. They hit the trash. That is exactly what these people are--trash. They try every method to get you further (or back) in debt. Sick people, really.
                LOL.....I had the same thing happen today. Cap One was a creditor.....discharge....and now calling ot offer some fantastic CC offer. PREDATORS!

                I say to he!! with 'em. No way will they get me back "in".
                Bankruptcy History:
                Chapter 7 filed - 10/12/2005 - Asset
                Discharged - 02/16/2006
                Case Closed - 11/08/2007

                A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

                All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

                Comment


                  #9
                  Originally posted by BassBoy View Post
                  LOL.....I had the same thing happen today. Cap One was a creditor.....discharge....and now calling ot offer some fantastic CC offer. PREDATORS!

                  I say to he!! with 'em. No way will they get me back "in".
                  Be sure to tear up those cc offers before tossing them in the trash. There have been cases where thieves took someone else's offer out of the trash and successfully applied for credit under that name. Doubtful they would be approved with the BKs on our records, but far better to take a few seconds to rip, rip. I find it quite satisfying myself! CapitalOne? RIP!!! BOA? RIP!!!! LOL!
                  I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                  06/01/06 - Filed Ch 13
                  06/28/06 - 341 Meeting
                  07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                  10/05/06 - Hearing to resolve 2 trustee objections
                  01/24/07 - Judge dismisses mortgage company objection
                  09/27/07 - Confirmed at last!
                  06/10/11 - Trustee confirms all payments made
                  08/10/11 - DISCHARGED !

                  10/02/11 - CASE CLOSED
                  Countdown: 60 months paid, 0 months to go

                  Comment


                    #10
                    Yep, I tear 'em up while cursing them for attempting to lure me back in...LOL!
                    Bankruptcy History:
                    Chapter 7 filed - 10/12/2005 - Asset
                    Discharged - 02/16/2006
                    Case Closed - 11/08/2007

                    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

                    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

                    Comment


                      #11
                      Originally posted by KevinR View Post
                      Yeah, I've gotten those too.
                      You gotta be REAL careful with that stuff. A lot of those jerks will try and trick you into reaffirming your debt
                      I have <heard> of this practice but seriously wonder if anyone actually had a debt that was legally discharged by the courts <tacked back on> a new credit card. Not only <tacked back on> but ruled by the courts that the old previously discharged debt is now ah, alive and kicking again...I can see this happening with debt that was charged off by the credit card company and NOT discharged in a court. Then if you get another card <maybe> they have small print saying something like your previous unpaid balance will be added on....
                      NOTE: I am not a lawyer...any advice I give is for entertainment purposes only. Legal questions should be directed to competent counsel. I am just a troll. Or a Toad.

                      Comment

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