Informing collectors about retention of attorney?

[frogger]

So in other words this is all just a bunch of bull?

(2) not state that such consumer owes any debt Notice there are no exceptions.

(4) not communicate by post card; Notice there are no exceptions.

(5) not use any language or symbol on any envelope or
in the contents of any communication effected by the
mails or telegram that indicates that the debt collector
is in the debt collection business or that the communication relates to the collection of a debt Notice there are no exceptions.

[kornellred]

Debtors are under no obligation to explain themselves to creditors or their authorized representatives, Once it is clear that a debtor is filing for bankruptcy, it is a waste of time to call the debtor. If they do, they risk violation of the FDCPA. The phone will stop ringing in due time.

[frogger]

i know where we came from unless you had the docket number to supply to these leeches they would keep calling and calling and CALLING!!

If the collection organization has their game on, they are simply going to type your ssn into pacer and see if you have filed. Never, ever, ever trust a case number from a debtor. PACER is the collectors friend.

we couldn't file immediately, and our atty even wrote letters to creditors which still didn't stop the calls.

Once you are represented by an attorney and said attorney has informed the creditors in writing, the continued calls could be construed as a violation of the law.

and left no forwarding phone or address and went underground for 2 years, that's another book :0 for another day, but the calls of course did stop since no one could find us).

That's getting harder and harder to do every day. With the resources available today, 99+% of people are easily located, even the ones that "think" they are hiding. Hiding is a direct decision and requires a lot more work than most people realize. As I have said many times, EVERYTHING about you is for sale. EVERYTHING. And don't think that it's not........

it will ALL stop once the filing is done and the stay has been put in place.

And if it don't, then it's time to play ball.

[frogger]

Debtors are under no obligation to explain themselves to creditors or their authorized representatives, Once it is clear that a debtor is filing for bankruptcy, it is a waste of time to call the debtor. If they do, they risk violation of the FDCPA. The phone will stop ringing in due time.

Define the word "clear"

[Diesel73L]

Define the word "clear"

OK, no sense in continuing this nonsense... The bottom line seems to be that short of painting "JOE SMITH IS A DEADBEAT!!!" on your town's water tower, collectors can do as they please. Forgive me for being naive and believing that I had some control over this situation. Oh well, in a way I can't believe we've made it this far so September 1st can't be that far away...

[tobee43]

and left no forwarding phone or address and went underground for 2 years, that's another book :0 for another day, but the calls of course did stop since no one could find us).

That's getting harder and harder to do every day. With the resources available today, 99+% of people are easily located, even the ones that "think" they are hiding. Hiding is a direct decision and requires a lot more work than most people realize. As I have said many times, EVERYTHING about you is for sale. EVERYTHING. And don't think that it's not........

hahaha.....there are ways. you just need to know how since one of us was "undercover" for a number of years of their 30 plus years as a state police, there are things that can be done, not that any of this is common knowledge to most, nor easy to find out how to do it. during those 2 years no one was able to find us, trust me. ( can you LOL!!)

i'm not promoting doing this to anyone! it was easier for us since it was ONLY us, so we didn't need to worry about children or relatives etc.

oh!! edited note: i have to agree to disagree with you on this one...a creditor until an actual stay is put into effect can and does have the legal right to contact you, even your relatives, your neighbors, etc., whether you have retained an atty or not. not until the actual filing are the creditors required by law to cease, even if you send out hundreds of cease and desist letters until your fingers are blue, will not matter.

[frogger]

OK, no sense in continuing this nonsense... The bottom line seems to be that short of painting "JOE SMITH IS A DEADBEAT!!!" on your town's water tower, collectors can do as they please. Forgive me for being naive and believing that I had some control over this situation. Oh well, in a way I can't believe we've made it this far so September 1st can't be that far away...

The clarity of this is sort of murky isn't it?

No, collectors can't do as they please, but there can be a lot of wiggle room in the interpretation of the law. Ask any lawyer, they will tell you that they "practice" law. Now that's just funny......

September 1st isn't far away.

Now where's my can of spray paint???????????

[Diesel73L]

i'm not promoting doing this to anyone! it was easier for us since it was ONLY us, so we didn't need to worry about children or relatives etc.

When I found out they were calling my dad I told him that I looked into it and they were looking for a guy with the same name as me and that I told them to stop. Luckily I have an extremely common name-I can Google my first and last name even with my middle initial and get hundreds of results from people across the country, Canada, the UK, etc...who aren't me, so it's believable. It's not that I'm ashamed, I just know that my parents will want to try to help and will be worried sick about us and the baby. We got into this mess on our own and will get out of it on our own.

[tobee43]

When I found out they were calling my dad I told him that I looked into it and they were looking for a guy with the same name as me and that I told them to stop. Luckily I have an extremely common name-I can Google my first and last name even with my middle initial and get hundreds of results from people across the country, Canada, the UK, etc...who aren't me, so it's believable. It's not that I'm ashamed, I just know that my parents will want to try to help and will be worried sick about us and the baby. We got into this mess on our own and will get out of it on our own.

while it is legal for them to call your parents, once they have told them they don't know where you are, the creditor would be crossing that line if they continued to call.

i understand how you feel. for me, it was the guilt, the shame of it at first was overwhelming. i was glad to find out many have gone through the same emotions, i didn't feel so all alone. it's not just you who got into this mess, it's millions of people right along side of you. no social or economic boundaries here, it was a bit of everyone. you will get out of this mess, believe me, and it will all be fine as soon as this all passes.

[frogger]

It's not that I'm ashamed.

Good! For there is no shame in bankruptcy. This is a business decision and you should treat it as such.

It's just hard when you're right in the middle of it.

Patience grasshopper........

[Pjmax]

When I found out they were calling my dad I told him that I looked into it and they were looking for a guy with the same name as me and that I told them to stop. Luckily I have an extremely common name-I can Google my first and last name even with my middle initial and get hundreds of results from people across the country, Canada, the UK, etc...who aren't me, so it's believable. It's not that I'm ashamed, I just know that my parents will want to try to help and will be worried sick about us and the baby. We got into this mess on our own and will get out of it on our own.

I'll bet we could have a whole section here on our most embarrassing moments, might be good therapy. The creditors were calling my son looking for me. Another favorite moment; my former job was a small office. Loved it when someone picked up the phone and then hollared 'some credit card company is looking for you.' Sure glad I'm filing before I find another job.
Diesel73L, only a few weeks to go and the calls will stop for you. Don't make yourself crazy. I wish you and your family the best.

[tobee43]

Good! For there is no shame in bankruptcy. This is a business decision and you should treat it as such.

It's just hard when you're right in the middle of it.

Patience grasshopper........

don't you mean pollywog? i mean i'm just saying....

[frogger]

not until the actual filing are the creditors required by law to cease, even if you send out hundreds of cease and desist letters until your fingers are blue, will not matter.

On this, I disagree. IMO, a cease and desist is not negotiable.

[frogger]

while it is legal for them to call your parents, once they have told them they don't know where you are, the creditor would be crossing that line if they continued to call.

Really? Jump into this murky water again:

(3) not communicate with any such person more than once
unless requested to do so by such person or unless
the debt collector reasonably believes that the earlier
response of such person is erroneous or incomplete and
that such person now has correct or complete location
information;


Mama always knows..........

[tobee43]

Really? Jump into this murky water again:

(3) not communicate with any such person more than once
unless requested to do so by such person or unless
the debt collector reasonably believes that the earlier
response of such person is erroneous or incomplete and
that such person now has correct or complete location
information;


Mama always knows..........

i'm NOT getting into that water until you put some chlorine in it. yes, thank you for making it clear for the OP...it is legal to call them. see??? and i said if they tell them they know nothing they are not suppose to call them again. now, if one thinks that a creditor has a right to call over and over again because they think the person is lying, which is what i think you're pointing out here, that would be crossing the line. IMO...which is always right...right?

as much as the a cease and desist letters, you'll have to trust me on this one. just from sending out so many, not just for my personal situation, but on behalf of hundreds of clients, they don't work. (it wasn't me who personally sent them, just saw the results over the years), saw it with my own eyes so it must be true? so, you are right, we can agree to disagree on those letters and i'm speaking about with respect to a debt that is owed prior to the actual filing of one's bk petition with the courts.