They are still calling!

[mekia2001]

I have this one CA that continues to call me even though they are IIB and I have given them my attorney's information 3 times. Every time I tell them to stop calling they claim to have no knowledge of the bankruptcy, so I give them the info all over again. What else should I be doing?

[keepinitreal]

You could record the phone calls so you have a record of them having knowledge of your bankruptcy. After you have a recording, play it back for them the next time they call and tell them your attorney has a copy too.

[discouraged]

Better yet - you can sue them. Keep track and talk to your attorney. What they are doing is against the law. CSJOE had some good answers but can't remember the post.

[tcreegan]

Hi mekia2001,

Instead of your attorneys info, give them the BK case # and the file date.

Then record/document every contact. You show your attorney and ask them to sue for damages + legal fees

Judges are notoriously sympathetic toward the debtor....

Tom in Colo

[mekia2001]

Thanks everyone! I got the name of the person that called today but I will start recording if they call back. My home phone never rings now that we've filed so every time it does rings I'm racing to answer so I can tell them to talk to my attorney!

[mommi2many]

I am having the same problem from a credit union that has a reputation for being aggressive. Although, I filed only a week ago, everyone else has stopped calling and even blocked my online access. I even talked to a rep at the CU and gave my filing date and bk number and then first thing next morning I get a call. When I told them I already spoke with someone last night she abruptly hung up on me.

[dumpinmydebt]

I would also record when you give them the Case number. That way you have it documented that you gave them the info.

Make sure you tell them you are going to record the call first. Do you have a log from your caller id? That would prove that they kept calling too.

[ccsjoe]

Hi all,

Send the offenders a CMRRR letter with a copy if your notice of filing and highkighting the various dates/times/names of their violations. If possible, include written proof, such as an incorrect report to the credit bureaus or collection letters, account statements that should no longer be sent since they are demanding payment, etc. Point to the section of the code that provides your stay. Demand immediate corrective action. Continue documenting. Once violations stack up, talk to either your attorney or an attorney willing to take them on a contingency basis and sue them. I'm preparing two lawsuits as we speak. Once I have one more violation from each of these two creditors, I'm rolling.

[ladycee]

Hey fellow 60dayer!

Question for you Joe. Been reluctant to get credit reports till this is over. When is it a good idea after bk to get one? Wait till Discharge comes in? or that it is Closed? We are allowed one free report annually from the Big Three right?

Didn't open the wine yet. Waiting to see if I get a reasonable answer about the crazy Assets on Trustee Report.

TIA

Chris

[ccsjoe]

Hey fellow 60dayer!

Question for you Joe. Been reluctant to get credit reports till this is over. When is it a good idea after bk to get one? Wait till Discharge comes in? or that it is Closed? We are allowed one free report annually from the Big Three right?

Didn't open the wine yet. Waiting to see if I get a reasonable answer about the crazy Assets on Trustee Report.

TIA

Chris

Hey Chris,

I am going to wait until 60 days post-discharge. Reason being is giving the creditors enough time to receive the notice of discharge and report accounts properly as IIB zero balance. After 60 days, then I can begin battling.

I would have already opened the wine. I understand why you feel you need to do this, don't think it's as big a deal as you, but it's your decision, so open the wine when you're satisfied. It's all good. Hopefully your attorney will have an answer.

[up2myeyeball]

I don't mean to hijack this post but i'm not familiar with all this acronym and words that are being used on this forum. What are PACE, IIB and 341? Is there sticky that explain all this?

thanks,
jr

[ccsjoe]

Hey up2,

PACER= Public Access to Court Electronic Records. It's an online access system to court records that you can subscribe to and see your case online.
IIB=Inclued In Bankruptcy-It's what your credit report should show all your discharged accounts as with a zero balance.
341-Bankruptcy Code Section 341 is the meeting of creditors. Once you file BK, you will go to a 341 meeting with a trustee who will review your filing, ask you some questions, attempt to discover hidden assets or monies, find irregularities or mistakes in your documents. These meeting are usually very fast (mine was 75 seconds) and if nothing is discovered you will receive a report of no distribution, your first step towads final discharge.

[ladycee]

Hey Chris,

I am going to wait until 60 days post-discharge. Reason being is giving the creditors enough time to receive the notice of discharge and report accounts properly as IIB zero balance. After 60 days, then I can begin battling.

I would have already opened the wine. I understand why you feel you need to do this, don't think it's as big a deal as you, but it's your decision, so open the wine when you're satisfied. It's all good. Hopefully your attorney will have an answer.

Thank you Joe,

good idea.....Chris

[KevFinnerty]

Thanks everyone! I got the name of the person that called today but I will start recording if they call back. My home phone never rings now that we've filed so every time it does rings I'm racing to answer so I can tell them to talk to my attorney!

I'm going through the exact thing now. I've had my phone unplugged for weeks because it would ring about 20 times a day with the creditors calling, but since my BK paperwork is now signed and ready to go I have plugged it back in as of yesterday so I can give them my attorney's contact info and tell them to call him and not me. I don't have the BK # filing yet but I will have to get that once it goes through.

For the first time I've wanted the creditors to call - so I could tell them to stop calling! But they seem to like calling multiple times anyway. One called last night & I gave them my atty name/number. Told him to stop calling me. That I am filing for bk. He needs to talk to the lawyer, not me. He didn't want to hear it though, kept interrupting me, trying to ask me questions. The SAME GUY called me again today, acting like he knew nothing. I gave him the same info AGAIN. He kept talking over me. I hung up on him.

And to start my day off with a bang, I was awakened by a sheriff serving me with lawsuit papers by one of the creditors. Sigh. Not a good way to wake up. Am filing just in time I guess.

[LaurieM]

We recommend that our clients wait 6 months post discharge before running credit reports because not all creditors report monthly and given that you are only entitled to one free report per year.