Filing ProSe. Collection calls after filing?

[doni49]

I plan to file ProSe soon.

As such, I will not be able to tell collectors to "call my attorney". Once they've been informed of the filing, are they barred from calling me? Or do they normally get to call the debtor's attorney during the process--which would of course allow them to call ME?

TIA!

[ccsjoe]

Don,

The moment you file an automatic stay goes into effect that bars your creditors from attempting any and all collection efforts (or anything that could be deemed as such) against you. The creditors will not be able to contact you once you inform them of your filing and provide them with a case number. You can also wait for them to receive notice sent by the court. The only creditor that may contact you is a secured creditor IF you are reaffirming a loan, and even then, they may only contact you about the reaffirmation (sending you the docs) and that's it.

People tell creditors to "call my attorney" because creditors will usually back off once they call the attorney and verify the existance of an attorney-client relationship and/or a filing date.

Good luck

[doni49]

Thanks. I was hoping for that. But I thought there might have been bits and pieces of info that they're allowed to contact the attorney about.

There is one particular creditor that I'd especially not like to have calling me.

[ccsjoe]

They can contact the attorney for whatever, however they can't contact you period. So if you're ProSe, they're done.

[mijd]

Don,

People tell creditors to "call my attorney" because creditors will usually back off once they call the attorney and verify the existance of an attorney-client relationship and/or a filing date.

Good luck

Once I retained an attorney, he told me give my creditors his number. When he filed my case he told me to give them his number and give the creditor my case number. I was lucky because any creditor that called, called before my case was filed and they backed off when I mentioned my attorney. That was before the automatic stay went into effect.