Can the collection calls start back up if we haven't filed?

[sheilaE]

Question: If when we give the collectors our Attorneys number, can they legally call & still bug us? The reason I ask is because we've only retained him as of last month, but haven't paid his fees as of yet. He told us to give them his number to stop the calls, but yesterday when I spoke with Dell-they took his info, but then gave me info that I needed to give to him and then said he needed to contact them and if he didn't within 30 days, the collection calls would start again. They were nice about it, but I thought hmmm...why do I need to contact him-THEY should contact him. Then yesterday evening Discover told me that if we haven't actually filed within 30 days, that the collection calls would start back up.
We were hoping for extra time (like everyone else) to save receipts, get a budget going and let a few charges age before we filed, but I wonder if the creditors are no longer letting this happen. It's been 3 months since we last paid them.

[NoTomatoCan]

Yes. Legally, they can continue to call you if you have not filed.

The reason that they are not allowed to call once you file is because of the automatic stay and (hopefully) eventual discharge of your debt. There is no such protection while you are simply talking with an attorney about filing.

However... many on this forum seem to have had good success with the approach you have taken.

One of the best feelings in the world is to be able to provide a case number to those particularly annoying creditors! THAT definitely prevents them from calling again!

[frogger]

In so many cases, talk is cheap. Thousands of people use this excuse each and every day. You only get protection when you file, as it should be.

[sheilaE]

Yes, I guess that really does makes sense. Thanks!

[ohiojewel]

Calls from Creditors

but yesterday when I spoke with Dell-they took his info, but then gave me info that I needed to give to him and then said he needed to contact them and if he didn't within 30 days, the collection calls would start again. They were nice about it, but I thought hmmm...why do I need to contact him.

Actually Citibank told me the same thing that my lawyer would need to call them within 30 days. Can't remember if they started calling again or not after that as I became quickly immune to the calls. I usually turned off the ringer and let calls go to voicemail. But I'm single with no kids so I realize this isn't always an option. Of course once I actually filed, all was quiet.

[Lissy]

Once I retained my atty and let Discover know about it (they were threatening to sue), I didn't hear a peep out of them again. It was 5 months between telling them I had retained an atty and actually filing. So yes they CAN start calling again, but they didn't in my case.

[fireworks]

A couple of collectors called me back to see if I still intended to file (1-2 months after I told them I had retained an attorney). They asked when, I told them "soon," they moved on. I know Discover was one, I think USAA also.

[needanswers]

I'm curious about this, too, Sheila.

I am so upset today. We are only about 1 week late on bills and the creditors are not even calling the house first. They're calling my DH's work hour after hour. They only say they are "Card services looking for x." and then they hang up.

[Jackdog]

I don't even answer the phone. It's a waste of time. Nothing I can say to them, unless I agree to give the money I owe them, will stop the calls other than a case number. I just let the phone ring.They call ALOT but I just let the machine get it. They did call my job but my boss has since told them never to call there again so I think that stopped that. I think they've called my ex because I got a message from him out of the blue on my machine.

I've been ignoring their calls for over a week now maybe more. It's just one of those things now. If I had the money to pay them I would but I don't and trying to explain that to them on the phone doesn't get me anywhere and it doesn't stop the calls.

[JEM]

We got phone calls tonight from my FIL AND BIL that creditors called looking for us. We're going to have to find an attorney soon to start deflecting the calls to. I hope it stops them for a bit at least. If nothing else.....from calling family.

[catleg]

Normally a cease and desist letter to a CA regarding an account stops them from doing all kinds of calling including "block parties" where they call your neighbors and "office parties" where they call your work place. I found it extremely rare for an OC to pull this crap, though it did sometimes happen with US Bank and Chase.

[sheilaE]

Oh my gosh-totally crazy! I guess they're relentless.

[JEM]

Normally a cease and desist letter to a CA regarding an account stops them from doing all kinds of calling including "block parties" where they call your neighbors and "office parties" where they call your work place. I found it extremely rare for an OC to pull this crap, though it did sometimes happen with US Bank and Chase.

HA! Chase is one of the offenders in calling family. American Express has been the other.

[helpmeout]

When I told the creditors, I was 2 weeks away from filing. I wouldn't tell them until you are within 30 days of filing or have an attorney's name and number to give them.

[sheilaE]

Weird thing....the phone hasn't rang at all today? It normally rings off the hook all day long from 8am until 9pm. We've only told 3 that we were filing. Does the word spread?