Dealing with creditor before filing

[PinkTinker78]

Ok so I probably have a few weeks before I can pay enough to my attorney to file my case.
In the mean time I have this creditor calling me and they called my references today. Now I thought they could only call your references if they could not get a hold of you personaly. I have been in contact with this creditor about every other day and today they told me they will continue to call me and my references until they receive a case number. Why would they call the references if I'm staying in contact with them? I tried to give them my attorney's contact info. and they refused to take it and said they won't call him. Is there any laws or protection for them not to harass my references. This is of course one of the legal payday loan places I am dealing with. My cousin called and said she just didn't answer the phone, if she tells them not to call will that work.

[jadams]

Is your attorney representing you yet and allowing you to refer creditors to him/her? I believe your other post said that.

If so, send the creditor a letter (fax it, follow up by certified mail if you want) that says you are represented by an attorney for debt matters and all further communication is to go through him/her. Include address, phone number, etc.

Things usually go much easier when you create a paper trail that you told them. They seem to "forget" lots of things mentioned on the phone.

I know if it were a collection agency they would be bound by the FDCPA and it would be a violation to continue contacting you after this. If they're an original creditor the FDCPA likely doesn't apply, but there's still a very good chance they'll stop bothering you for the cost of a fax.