What to Say after Retaining an Attorney

[optimistic1]

Ever since I have told my creditors of my intent to file and gave them my attorneys name and phone number, I have not received any phone calls since. None (yet) have sued me, and all they do is just keep sending me my monthly statements with accruing interest and fees.

[EricaCallaha]

Actually, when you retain legal counsel and tell ANYONE this, they have to speak to the attorney to get permission to speak to you. It does not matter if it is the OC or JDB or some random CA. You have retained legal counsel to represent you in this matter regarding your debt. Tell them your attorney's name and phone number and get off the phone. They may call back, they may not...you do not have to tell them anything else.

I hope this helps everyone. I have been down this road with OC's, JDB's and CA's. You treat them all the same. Remember, this is what you are paying your attorney to do.

[optimistic1]

Actually, when you retain legal counsel and tell ANYONE this, they have to speak to the attorney to get permission to speak to you. It does not matter if it is the OC or JDB or some random CA.

Not the case with me, I have been getting hounded by NCO Financial for a mere $700 bill from Walmart/GEMB. The even knew it was a BK case and that I retained counsel, yet they called multiple times. I called back and told them if they continue to ignore the fact that I have an attorney, I will not hesitate to seek litigation for the FDCPA violation. So far no more calls. I dont even know if I was right by telling them all of that. I reiterated the fact that they need to call my attorney regarding the debt, and gave them his name and #. They never even bothered, they just said to themselves, ahh screw it, lets harass the debtor.

[EricaCallaha]

NCO is famous for not following the rules. Capital One through NCO came after us and even threatened to levy our bank account. I told them nice try and referred them to my attorney and kept detailed records of when they called. In my case and Optimistic's they were in violation of the FDCPA and knew it. When you tell them that you have retained counsel in the matter, they have to get permission from your attorney to speak to you. Period. They also know this. DO NOT LET THEM BULLY YOU! You have rights.

Luck to all...

[TooMuchCredit]

Actually, when you retain legal counsel and tell ANYONE this, they have to speak to the attorney to get permission to speak to you. It does not matter if it is the OC or JDB or some random CA. You have retained legal counsel to represent you in this matter regarding your debt. Tell them your attorney's name and phone number and get off the phone. They may call back, they may not...you do not have to tell them anything else.

I hope this helps everyone. I have been down this road with OC's, JDB's and CA's. You treat them all the same. Remember, this is what you are paying your attorney to do.

I had thought that to be the case.

However, I think one has to be careful about not answering or blocking the calls. As I said earlier I had one creditor who called daily even after telling them my lawyers name and number. They stated they would continue to do so each call I answered until they got a case number. I didn't answer the phone one Friday and Sunday, I get calls from my siblings in other states saying someone from your credit union called saying they were unable to reach me and it was urgent that I call them back.

So I am saying if you are worried about them calling relatives, you may have to answer the calls from time to time and feel out what that particular creditor is like.

I might also add some creditors are able to get around blocking. Some would call using a different bogus number every day/week. So if your service only allows you to block say 20 numbers, you have to go update constantly and could run out of numbers. My persistent one would show up as "UNKNOWN NAME" on my caller id. I have anonymous call rejection that is supposed to make a caller show their caller id info otherwise it won't ring my phone. It didn't keep them from calling. Routing certain callers to a special voicemail greeting requesting all communication via US Mail did no good either. The automated systems detect voicemail and a human never hears the message.

It was so so frustrating getting so many calls and having some that just wouldn't stop. The persistent one even wasted their money mailing me letters after I gave them my lawyers info and told them I was filing BK stating they would being legal action, even FedExing such letters.

My experience maybe different from most, but just saying not answering, blocking, unplugging the phone can result in some unwanted side-effects.

[EricaCallaha]

However, if they have your current contact information, it is illegal for them to call relative, friends or neighbors. We had a "law firm" do this and my attorney found a slew of complaints against them in several states from the attorney general's offices.

If this happens again, call them back and tell them under NO circumstances are they to contact anyone but your attorney regarding the debt. Mail it to them certified/return receipt. The next time they call...you have nailed them. Punishable by law.

Good luck.

[BigJohn]

NCO is famous for not following the rules. Capital One through NCO came after us and even threatened to levy our bank account. I told them nice try and referred them to my attorney and kept detailed records of when they called. In my case and Optimistic's they were in violation of the FDCPA and knew it. When you tell them that you have retained counsel in the matter, they have to get permission from your attorney to speak to you. Period. They also know this. DO NOT LET THEM BULLY YOU! You have rights.

Luck to all...

I guess you can always say "did my lawyer give you permission to call me?"

[optimistic1]

I told NCO off, and told them that they are clearly violation the FDCPA, as of yet, no more calls. I am prepping my DV letter to go out, because they send me a letter regarding the debt last Friday.

I will have to continue to play this cat and mouse game for 5 more months until my first born comes into this crazy world.

It is fun though, when I see the 1800 and 1888 numbers on the caller ID, I cant wait to answer the phone.

This forum has taught me many things, most importantly, that I have rights.

[CompTweaker]

This forum has taught me many things, most importantly, that I have rights.