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Creditors Calling Work Number After Filing

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    Creditors Calling Work Number After Filing

    I filed last Friday and one or maybe two creditors has called Monday and Tuesday at my job while I am not there. One of my bosses told me the one on Monday was a recording that told that I was still responsible for paying my debt even after filing the BK. My other boss didn't say much about the call on Tuesday other than it was for me.

    I don't have to worry about getting fired because of the calls because the calls have been going on for about 10 months, some almost everyday. They always call in the day asking for me but they never reach me because I work there at night so I can't ever find out who they are and I don't expect the bosses to try to find out. Is there any other way i can find out who these places are that are still calling for me?

    Arne't they supposed to stop calling me at my job after filing? I don't care that they keep calling for me but I do care that my bosses have to put up with these calls.

    #2
    Well, the one who left a message stating that you are still responsible even after filing is clearly and knowingly violating the automatic stay. You do need to find out which one it was so that you can sue that creditor for violating the stay. The other one, if a different one, may or may not be knowingly violating the stay. Again, you need to find out so that you can let them know if they haven't received the notice yet. Do you have an attorney? If so, let him/her know about the phone calls, especially the first one.

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      #3
      Not only are they violating the automatic stay...aren't they also violating the FDCPA? I think it is illegal for them to tell anyone other than you or your spouse why they are calling.
      DH laid off 3/08 | Last mortgage payment 12/09 | Filed Ch13 5/10 | Converted to Ch7 7/10 | 341 held 8/10 | AP filed by secured creditor 10/10 | Ch7 discharged & closed 11/10 | Foreclosure 10/2011

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        #4
        Yes its a violation - but keep in mind if you filed electronically on Friday that by Mon/Tue many creditors won't know yet. Some are set up to receive notice electronically but many have to get mailed a copy of the notice.
        Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
        (In the 'planning' stage, to file ch. 13 if/when we have to.)

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          #5
          If the calls don't stop after the creditor's receive notice of your BK, the only way to stop them is for your boss' to find out who is calling. Tell your boss' that you are sorry they are being bothered by the calls and that if they get a name and phone number, you can put a stop to them. You could also suggest they give the caller your home phone number. If they aren't willing to do either of those things (or you aren't willing to ask them to), there isn't much you can do and your boss' will have to keep putting up with the calls.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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            #6
            Friday I got my papers from the Bankruptcy court stating my court date for the creditors meeting. Also on Friday, one of the same people (says he is a lawyer) called once again. I am sure it was one of the ones who called a few days ago. My boss told him that he needed to quit calling there. The guy asked when I would be in to work and my boss told him that he couldn't tell him. The guy wanted his bosses phone number so that he could report him as being rude even though he is not calling to do business but to get ahold of me.

            My boss didn't think to get the number and when we checked the caller ID, the number had scrolled off already so we have to wait till next time.

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