Should I give them lawyer info?

[sixxlondon]

So I am about 4 months behind. Can not afford to file until end of July. Have not been answering my phone at all but the last 3 days one creditor has called me at work every day. I tell them not to call me at work and call me on my cell phone. They say well you don't answer that number so were gonna keep calling you at work. Should I just break down and give them my lawyers number if they call me at work again? I was hoping to hold off until I was actually filed. I didn't want them to hurry up and sue me. Thoughts?

[freddysmith]

Would make sure your atty. is alright with you refurring calls to there office. My atty. said that as long as I had given her any money as a retainer, then she was my atty. and I was to tell callers her name and no. even though till I had her paid in full so she could file would be awhile.Some collection callers dont care if you tell them a atty. name and no. they only want to talk to you.Some people will tell them they have an atty. to stall or to try to impress them, and till you can give the collectors a case no. there is no stay on there collection actives. If filing is too far off them you can try sending a cease and decease letter and other things covered by the fair debt acts.

[sixxlondon]

I paid my lawyer a retainer and he says its ok to give his number. I just haven't felt like answering my phone to these hounds. I get on average 52 calls a day. And I was thinking that if they found out I had an attorney they may try and sue sooner.

[AngelinaCat]

Send them a Cease and Desist Letter--you can find samples of them by searching through here, or other places on the 'net. Tell them that they are NOT to contact you by telephone at all, nor your employer, neighbors, or family members, and that they are in violation of the Fair Debt Collection Practices Act. Tell them that you WILL be courteous enough to give them your Attorney contact information, which is: Blah, Blah, blah, blah and So on and So forth.

Here is a link to a website devoted to this:

http://www.ftc.gov/os/statutes/fdcpajump.shtm

I know this takes longer than telling them this on the phone, but take that last call and give them the attorney information, and tell them you will be following this conversation with a letter. Then do it, and send a courtesy copy to your attorney.

[sh9730]

Of course by sending a cease and desist letter, you do limit what options the creditor has. So, as the OP was saying, if they are inclined to sue, a C & D pretty much seals that fate as since they cant call you etc.

However, since you are going to file in July, you should be ok....even if they filed suit TODAY, which they obviously wont, you can stall the proceedings until after you file BK, which will then render the issue moot.

[bluehue79]

They are not supposed to contact you at work if you've told them not to. I hate those collection calls. I used to get numerous calls at work a day, which went on for months until I finally filed.

[tobee43]

i so know how you feel about those calls.

our atty said have the creditors call their office directly......the creditors refused. we also sent not ONE but two CD letters ...they didn't work either. unfortunately, until you actually file and have a docket number they, the creditors can continue to call you. however, NOT at work or if you request them not to call during certain hours. (like 8 am if you were a midnight shift). they cannot call you at work once you tell them to stop and if they continue i would go to the FTC site and file a complaint as quick as ice melts in the middle of a hot day in the desert!

best of luck! i know this is a hard time, but you'll make it through this.. promise!

[frogger]

I paid my lawyer a retainer and he says its ok to give his number. I just haven't felt like answering my phone to these hounds. I get on average 52 calls a day. And I was thinking that if they found out I had an attorney they may try and sue sooner.

If your lawyer is in agreement, then send them a letter stating that all contact with you is to be via your legal council. You don't have to send a c/d, just a letter redirecting contact. When represented by council, they can no longer contact you if that is your request.