jerk collectors

[desperation]

Got an interesting call from who knows where stating they were working on a claim for my mother, and to please call them, as they needed information. I ignored the call, and contacted my mom to ask her what she knew. Mom didn't know about any claim, but mom has also had her house foreclosed on, and is also facing BK. Mom is also suffering from severe depression, anxiety, and increasing senility.

Skip to about 3 days later, same phone number shows up on caller id. This time the guy states he is working on a claim for my sister, and wants to know about my mother.

I asked this guy, and stated " were'nt you the one that called and said you were working on a claim for my mother....(and, so now its my sister) .he stammmered , and said no... I said " I think you are" , and then he admitted "well I see it could have been that we had contacted you previous."

I told him to get lost, and that I gave his contact information to my mother, and that if she chose to call him then so be it, but it was up to her, and to leave me alone about it.

I hope I haven't screwed things up for my mom with the things I said, but I've dealt with the nasty collectors coming after me, so just want to protect her as she has no clue in dealing with them. With that said ....neither did I.

[CATCHMEIFYOUCAN]

Well if you didn't promise anything you should be alright. Are they violating the automatic stay or is that long past? Cuz I would have gotten the callers name, title, business name, address and phone numbers just in case they were calling within the automatic stay so I could sue their pants for doing so!

Best Wishes, CMIYC

[desperation]

My mom has no stay as she has not yet file, but her creditors are calling me now, and probably the rest of my family. They weren't coming after me CMIYC

[CATCHMEIFYOUCAN]

Oh, I know they weren't coming after you, I worded it wrong.

But you know that leads to a curious question: during the automatic stay, the creditors can't call the person filing BK, so that gives them the right to call your relatives, friends, associates, contacts???

Hmmm, CMIYC

[lrprn]

But you know that leads to a curious question: during the automatic stay, the creditors can't call the person filing BK, so that gives them the right to call your relatives, friends, associates, contacts???

*ANY* attempt to collect the debt violates the stay. That's why our relatives, friends, etc don't get calls after we file.

[desperation]

Okay let me clarify ...because there seems to be some confusion. As far as I know ...none of the debtors I went BK on are calling me or my family.

Yes....I'm the one in the middle of a BK, but this is quite seperate from what is going on with my mother.

I'm dealing a little with my Mom's creditors who it would appear are now chasing her for payments on her debts not mine.

IE....Moms debt has been skip traced to me as I was listed as a reference. I don't owe any of my Mom's debtors.

Mom hasn't yet filed BK, and is working on it, but meanwhile has stopped paying her creditors so she can afford to pay lawyer.

The claim it seems I was called about is my mothers.... probably a debt she owes.

Now I got a little crazy, and when her creditor (at least thats who I expect he was) called the other night I let them have it, and it felt really good to do so, because I remember what I went through with the collection calls.

I was just wandering if it was wise to tell my mothers creditors to take a walk, or if I should just ignore them altogether.

[treehugger1]

You need to "help" your mother by putting together some cease and desist letters to your mother's collectors. When they call you, keep a good record of who they are and the name of the caller. Tell them, after you know they received the cease and desist letter, that they are violating the FDCP, and you will notify an attorney. Send all letters "regeistered-return-receipt." Yoru cease and desist letter should cite the FDCP law, but you can state that they onle contact you (your mother) via USPS mail. You might be surprised how quickly they back off. Eventually, you will hear from someone. But, you can buy a great deal of time on your mother's behalf.

If your mother has very limited income. what is to stop her from filing a chapter 7 and put these "bad-boys" to sleep?

TH

[treehugger1]

More info

Some states, such as mine (Oregon). have additional laws that refer to how and who original creditors can call. Don't take any guff from these folks. Educate yourself on your state laws and be aware od your adversary's tactics, and you will be far more powerful than "shooting" blanks in the dark. See some of CPO's posts on this forum. The zen of collector/creditor warfare is on the side of the debtor who understands their adversary.

[desperation]

You need to "help" your mother by putting together some cease and desist letters to your mother's collectors. When they call you, keep a good record of who they are and the name of the caller. Tell them, after you know they received the cease and desist letter, that they are violating the FDCP, and you will notify an attorney. Send all letters "regeistered-return-receipt." Yoru cease and desist letter should cite the FDCP law, but you can state that they onle contact you (your mother) via USPS mail. You might be surprised how quickly they back off. Eventually, you will hear from someone. But, you can buy a great deal of time on your mother's behalf.

If your mother has very limited income. what is to stop her from filing a chapter 7 and put these "bad-boys" to sleep?

TH

Thanks Treehugger
No doubt I do really need to get myself over to see my Mom, and help her with all of this. She has the family around her right now trying to help her deal with things. Being as I'm the one who's most recently been going thru this I will be doing everything I can of course.

Mom has seen a lawyer, and is struggling to come up with the court filing fees, as well as the attorney fees. I don't think she's quite destitute enough yet to get a lawyer pro bono, and I'm not confident enough to help her go pro se, because she was foreclosed on, has some tax issues, and what not. I'm very familiar with the FTC laws, and have spoken to my mom about what she doesn't have to put up with.

Thanks for the kind advice