Violatons of the Fair Debt Collections Act ?

[Coldplay]

We had a creditor call us and we stated that we were filing Chapter 7. We gave them our lawyers phone and name. They have started calling us again. This is NOT a collection agency. It is THE actual creditor.

When I spoke with her I asked her if she had our lawyers info and she said Yes. I told her that she was in violation of the FDCA and that she was NOT suppose to be calling me. She got all nervous and said Okay. I repeated you are not suppose to be calling me and you are in violation. She got really snippy and said Ma'am I said Okay, have a nice day . I asked her if she was looking for a lawsuit and she hung up on me.

Can I make a complaint against them ? If so, how and where do I do this.

Thank You.

[LALADY]

As it was explained to me, until you actually file, the original creditor can contact you. Someone will correct me if I am wrong.

[blessed]

There is no stay until the day you file.

[SMinGA]

FDCP Act involves 3rd party debt collectors - NOT the original creditor. And until you file, they do not have to leave you alone. Giving them your intentions may decrease the # of calls you receive, but as Blessed points out - bankruptcy protection starts when you file. Not when you talk to a lawyer.

[DebtHater]

As others have said, you can give them lawyers name's and number's all day but it won't make a difference. They don't care that you retained a lawyer. There is nothing that say they have to stop debt collections just because you said so.

When they must stop contacting you is when you file. Even if they call you after you file politely give them the case number and lawyer info. Then they should honor the automatic stay. If they don't then they're fair game, not for violating the FDCA (which doesn't apply to OC's) but then they violated an automatic stay.

[CCsAreEvil]

In my case, almost all the calls stopped once I gave my lawyer contact info. I still did not file until at least 3 months later but most of the calls stopped.

[blessed]

In my case, almost all the calls stopped once I gave my lawyer contact info. I still did not file until at least 3 months later but most of the calls stopped.

Same here. (We filed within a few weeks.) I think most creditors realize they are wasting their time once someone decides to file. But there is no rule against them trying to collect until the file date.

[Coldplay]

Thank you all ~