Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Lawyer said we could refer any creditors his way after we retained him....

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  • Lawyer said we could refer any creditors his way after we retained him....

    We paid a down payment to start the process last Thursday and he said that we could refer any of our creditors who call his office number. So my question is....does this really stop the calls? Do we just answer and tell the person his name and number? I thought that the creditors could keep calling up until you actually FILE? We started getting calls from USAA a couple of weeks ago ( officially 60 days late on that credit card) and now Navy Fed is sending us friendly reminder emails because we are a week late on one card and just shy of a week late on a personal loan. He told us to stop paying all creditors so I am expecting more to call in the next week or two. This is so scary. UGH!!! THANKS!!!

  • #2
    Hi and congratulatons on taking your first step to getting your finances back on track. The simple answer to your question is YES, giving your attorney's name/number will do the trick.
    You do not have to take part in any converstion either than saying i'm filing bankruptcy please contract my attorney. And yes, those calls stop
    Filed Chapter 13 - 07/20/12
    Discharged 8/2/16


    • #3
      If you inform them that you are represented by an attorney, they have to communicate with that attorney instead of you. This is different from the automated stay that goes into effect once you file, which means they cannot make ANY attempt to collect of ANY kind.
      This post does not constitute legal advice. If you use this advice instead of that of a lawyer, God help you.
      Filed CH 7: 5/11/17 341: 6/12/17 Discharge: 8/14/17


      • #4
        I had paid my attorney a down payment and was instructed by my attorney to refer all creditor contacts to the attorney. Most of my creditors stopped bugging after I told them I retained an attorney. I think Discover was one that still kept calling (and I had to keep on telling them) but demanded no payment.
        Filed Ch 13 Fall 2013, 60 month plan


        • #5
          My phone has three wonderful features.

          1. Vibration mode
          2. Caller ID
          3. Voicemail Text

          If I don't recognize the caller, I don't answer
          If the caller is trying to collect a debt on their voicemail, I block their future calls.
          If the same number calls more than once but doesn't leave a message, I block them too.

          If you're filing, you're filing. Why field even a single call? The utilities will send you cutoff dates by law in the mail. Subpoenas have to be served before any law suit. Your mortgage company won't foreclose in the next 120 days.

          There ain't no reason to speak to anyone. Maybe your student loan lenders to get a deferment, but you can call them yourself.

          I havent spoken to a single creditor, and neither has my wife, in any of our now 90 day late accounts. I just delete the 20 blocked voicemails before bedtime, and sleep just fine.



          • #6
            Even better, most smartphones have a do not disturb feature where the phone won't ring unless the caller is on your contact list. They go straight to voicemail. And Google Voice now has a feature that, when you block a number, they get those obnoxious 3 tones and "We're sorry, this number is not in service." Perfect for those more aggressive collection agencies.
            This post does not constitute legal advice. If you use this advice instead of that of a lawyer, God help you.
            Filed CH 7: 5/11/17 341: 6/12/17 Discharge: 8/14/17


            • #7


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