So, finally we retained an attorney yesterday, and they said to direct all calls to them. So, this morning Allied Interstate called, and I informed them that we have retained an attorney and here is his number. He said we won't speak to any attorneys, even with a case number they want to talk to me only. I said you cannot do that after I give you a case number and he said I can do anything I want. So, I hung up!!! I thought most are not required but most will just call the attorney, because now they know they are not going to get anything! Is this common practice or was he just being a jerk!
-
-
Until you actually file, they can and will continue to call you. They have heard so many times "I'm filing bk", that they only believe it when a case number is in hand.
Until you file, you have no protection.All information contained in this post is for informational and amusement purposes only.
Bankruptcy is a process, not an event....... -
Have you filed rooster? It's not clear from your post. Did you give them a case number or did you just tell them that you were going to give them a case number once you got one? As frogger notes, planning to file bankruptcy ("fixing to", as lawforever would say) has no legal effect. They can hound you until you actually file.
Once you do advise them of filing and give your case number, these people usually do this kind of thing only once. They're confident you're not recording them at this point. You'll probably never hear from them again. I've had collectors tell me that they plan to continue collecting the debt from my client, the bankruptcy filing be d***ed. They never follow through and we never hear from them again. It's just a way to get a jab in.
If I get a persistant one though, I have my clients hook a recorder up to their phone. (Mississippi is a one-party consent state. Check your state's laws.) You can get them at Radio Shack for $20.
If you get them recorded continuing to collect even after you advise of bankruptcy, your lawyer can feed them to the judge, so to speak. Most bk judges are very protective of their jurisdiction and don't find anything humorous at all about people willfully violating the stay. Nothing makes for a happy client like getting enough money from a creditor to recompensate them for what they spent filing bankruptcy.
Check with your lawyer about how to handle it.Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.Comment
Comment