Violation of BK stay. Is it worth it to do anything about it?

[Resigned2BK]

We had a collector call us 3 weeks after we filed (few days ago). Our 341 is this week. Collector claims they didn't know and that our atty dropped the ball, but this collector was #3 on the list we gave of all accounts with 3rd party collectors so it seems clear these guys are lying. Unfortunately our atty has not bothered to answer any question about this. Heck, I get that he probably doesn't want to deal, I'd just appreciate if he steers me to a link where I can fill out a form.

In researching a little myself, it looks like nothing -- absolutely nothing -- can be done to any collector that keeps trying to call and plays dumb about the stay. There's recourse if they actually took anything but not for a rude call. Is this just the way it is? I mean, the FDCPA protects from this behavior pre-BK, you'd think there'd be something during BK that would help keep debtors from harrassment.

Part of why we think they must be lying is that they would faithfully call 1-2 times a week up right up to the day before we filed. Plus everyone else has stopped contacting us (with exception to that one predatory law firm that sent the lawsuit dated 1 day before our filing).

[mountanddo]

I guess it depends on how much stress you want to exert going after these guys. I would wait to see if they call again and maybe do something then. That way you know that you have now told them you filed and they are violating the law. Otherwise I'd just forget it. For myself it wouldn't really be worth it unless they called again.

[keepsmiling]

Not so sure that's true.
Have they called again since you told them you filed? If they have, an hour of time could have a nice return at a grand a pop. Boot Campers make nice chunks of their living this way. I'd keep asking, but that's just me.

[GoingDown]

I do hope you are recording these telephone calls.

It's easy to do, just put them on speaker phone, and then tape record the whole conversation. There are of course lots of other ways to do it, but almost anyone can do it this way.

If they are calling your Google Voice number, all you have to do is just press the number "4" on your phone, and Google Voice will record the whole conversation, and make an mp3 of it and even transcribe it for you and send it in an email to you with the exact date and time, as well as the phone number they called from.

Anyways, save these recordings, and if they do keep calling, I would do whatever was necessary to let the judge know that they are violating the stay of the bankruptcy court.

[Resigned2BK]

They haven't called again. I just like the notion of adding another complaint to their file with the FTC or whomever. One of these collection rackets had to pay out $2M recently when the gov't went after them. I know it was worse stuff like trying to extort on zombie debt and such, but still, after a year of these various agencies calling my and DH's relatives many times, calling business contacts pretending to be a customer, leaving a gazillion answering machine messages that should be a violation as anyone can hear answering machines as they are speaker phones... anyway, I just have a huge desire to do my bit to get these little nasty twerps in line.