Violation of stay?

[BKcrazy]

I filed Nov 2.

I kept getting notices and phone calls from the mortgage co. Like on Nov 14. Then I got a letter. So, I called on Nov 19, and gave them my attorney's name and phone number.

So tonight I get a call on my cell and home phone number that I need to call them. What the hell?

Isn't that now violating the stay?

I called them and explained that they need to contact my attorney and not me. They said they had no record of my filing, and my attorney never called them. I said, you know, there is an automatic stay, you are not supposed to be calling me, and I'm letting you know that. Call my attorney. The rep got snippy, and I told him I have no control if my attorney didn't call back. And he said, we are not harassing you by calling you. I said really? You aren't supposed to contact me at all. I'm telling you the case number, you need to stop calling me, do you think you are going to scare me by calling? I'm asking and telling you to stop. This needed to stop a month ago.

So, I wanted a supervisor, and he said what you don't think I can handle this for you? I said Courtney on Nov 19 couldn't, and I would just rather talk to a supervisor. So, I got one and told him about the attitude. The supervisor said they got no notice of the filing. I said how can that be? None of my other creditors didn't get their notices.

Argh, I just emailed my attorney about that.

[Bankruptcy Atty]

Atty

I filed Nov 2.

I kept getting notices and phone calls from the mortgage co. Like on Nov 14. Then I got a letter. So, I called on Nov 19, and gave them my attorney's name and phone number.

So tonight I get a call on my cell and home phone number that I need to call them. What the hell?

Isn't that now violating the stay?

I called them and explained that they need to contact my attorney and not me. They said they had no record of my filing, and my attorney never called them. I said, you know, there is an automatic stay, you are not supposed to be calling me, and I'm letting you know that. Call my attorney. The rep got snippy, and I told him I have no control if my attorney didn't call back. And he said, we are not harassing you by calling you. I said really? You aren't supposed to contact me at all. I'm telling you the case number, you need to stop calling me, do you think you are going to scare me by calling? I'm asking and telling you to stop. This needed to stop a month ago.

So, I wanted a supervisor, and he said what you don't think I can handle this for you? I said Courtney on Nov 19 couldn't, and I would just rather talk to a supervisor. So, I got one and told him about the attitude. The supervisor said they got no notice of the filing. I said how can that be? None of my other creditors didn't get their notices.

Argh, I just emailed my attorney about that.

ATTORNEY SHOULD HAVE FAXED A LTR STATING STOP OR BRINGING A CONTEMPT MOTION. IF IT STILL HAPPENS THEEAFTER, ATTY SHOULD HAVE BROUGHT MOTION OF CONTEMPT, SANCTIONS, PUNITVE DAMAGES AND ATTORNEYS FEES. I DO IT 1 - 2 TIMES A MONTH. ALWAYS USE SOMEONE THAT DOES A LOT OF THESE BK CASES.

[BKcrazy]

Well, the last time I got a letter, he said they were borderline in contempt. I've kept track of the calls, who and and all that. He does a ton of cases. I'm just irritated that I even let that rep piss me off.

[325Falcon]

Caps off!!

[rilbrianne]

Good for you for standing up to them. Has your attorney said anything about it yet?

[BKcrazy]

I haven't heard from my attorney yet. It could be he hasn't gotten to the office yet or he is in court. I'm sure he will respond today. Last time we talked about the mortgage company, he said to be sure to keep track of the dates, names and times.

It was all I could do to not laugh at those idiots at the mortgage company.

[genseeker]

You could also consider filing a harassment complaint with your phone company.

[BKcrazy]

My attorney said if they do anything else, he will file for contempt of court. He said to keep track of everything, which I have. I filed Nov 2, soooo I would think by now, they would THEIR ducks in a row and leave me alone.

[LadynRed]

You might want to get a PACER account and take a look at the filings for your case. I was able to get a copy of the certificate of service that showed EVERY creditor that was served. When a CA contacted me after I'd filed, I used that notice from PACER and told them that they WERE served notice and if they didn't stop contacting me I'd have my lawyer file for contempt against them. It worked, I never heard another word.