Informing collectors about retention of attorney?

[Diesel73L]

We recently signed our retainer agreement and expect to file September 1st. Since then, I took one call from a collector and explained that we had retained an attorney, and not to call any number other than the attorney's number ever again. The person on the line asked if we were filing for bankruptcy and I simply said "you may speak to my attorney." To my knowledge they have not called again, but the issue is that between my wife and myself we probably have six or seven different collections agencies calling from god knows how many numbers. Should I wait for them to call to tell them that we've retained an attorney or should I call them myself? The problem with waiting for them to call is that I'm at work usually and don't want to take the call in my office within earshot of co-workers. It would be a lot easier to go outside on my lunch, call the "frequent flyers" and give them the attorney's information. I suppose one could argue that this could goad them into bringing suit a bit faster, but since we're filing in less than 30 days anyway I'm not sure if that matters. Thoughts?

[MSbklawyer]

Some creditors will leave you alone for a while if you tell them that you're filing. They usually want to know the attorney's name and they call him to verify. Others will not and may even intensify collection efforts. They don't have to stop calling until you actually file.

[tobee43]

i know where we came from unless you had the docket number to supply to these leeches they would keep calling and calling and CALLING!!

we couldn't file immediately, and our atty even wrote letters to creditors which still didn't stop the calls. bottom line unfortuately is, that until you have actually filed and have that docket number they can legally call you it's pain, but just part of the package that comes along with this whole process. (and, or unless what we finally did was up and left our home of 30 plus years and left no forwarding phone or address and went underground for 2 years, that's another book :0 for another day, but the calls of course did stop since no one could find us).

it will ALL stop once the filing is done and the stay has been put in place.

[keepsmiling]

Sept 1 is around the corner. A pre-emptive call couldn't hurt. They wouldn't have time to escalate anything.

[Pjmax]

I prefer to just not answer. My best investment in my sanity is my Android phone. A neat little app called CallFilter. It's set to block unknown numbers, and when I see a call with a number I don't recognize I add it to my block list. Of course the creditors seem to have an infinite list of numbers to call from, but I get one ringing maybe every couple of days now. I just looked at the blocked list and 14 calls were blocked yesterday.

[tobee43]

cool....CallFilter! we were lucky and for some reason we got very few calls on our cell phones. but we didn't have apps then LOL!

[Pjmax]

cool....CallFilter! we were lucky and for some reason we got very few calls on our cell phones. but we didn't have apps then LOL!

You were also 'incognito' for 2 years!! (I'm jealous!) I've always used my cell as my primary number. Up until a year ago, I only had a $15/mo. Flip phone that only made phone calls. No call filter on that baby, but I never turned it on either.

[tobee43]

yes!! we were! and one of us was retired nj state police RofL!!!! and, one us, sorta new the laws, so we planned well and carefully

it was, i must admit somewhat intriguing ...arousing our senses of our great hidden secret life, LOL!! actually, it was quite fun after being such a law abiding citizen who USE to believe one would go to hell if one lied on the witness stand. boy, was i naive!

[frogger]

We recently signed our retainer agreement and expect to file September 1st. Since then, I took one call from a collector and explained that we had retained an attorney, and not to call any number other than the attorney's number ever again.

Who cares if you have "retained an attorney". Unless/until you file, retaining an attorney is a moot point.

The person on the line asked if we were filing for bankruptcy and I simply said "you may speak to my attorney."

Unless/until the debtor gets a letter from the attorney stating that they represent you and that all contact should be with the attorney, they can and will continue to call you.

To my knowledge they have not called again, but the issue is that between my wife and myself we probably have six or seven different collections agencies calling from god knows how many numbers. Should I wait for them to call to tell them that we've retained an attorney or should I call them myself?

Google phone, voice mail, answering machines and the like are your friend. Why should your creditor care if you have "retained an attorney"?

The problem with waiting for them to call is that I'm at work usually and don't want to take the call in my office within earshot of co-workers. It would be a lot easier to go outside on my lunch, call the "frequent flyers" and give them the attorney's information. I suppose one could argue that this could goad them into bringing suit a bit faster, but since we're filing in less than 30 days anyway I'm not sure if that matters. Thoughts?

People that have "retained an attorney" are a dime a dozen. If your creditor has heard that once, that have heard it thousands of times, and it just doesn't matter.

Not trying to be rude here, but just deal with it until you file. Your creditors don't care nor should they.

[Diesel73L]

Who cares if you have "retained an attorney". Unless/until you file, retaining an attorney is a moot point.

Given the fact that everything I've ever learned about this process is what I've gleaned from reading posts here-apparently I got the wrong impression somewhere long the line. Not surprising since I don't have a law degree and have never filed for bankruptcy before.

Unless/until the debtor gets a letter from the attorney stating that they represent you and that all contact should be with the attorney, they can and will continue to call you.

That is helpful to know, thank you. If they continue to call I will ask the attorney to do so.

Google phone, voice mail, answering machines and the like are your friend.

The calls don't bother me, I've been using GV to ignore most of them for months. A few get through to my cell phone but I don't pick up-it's the fact that one collections agency keeps calling my parents after they and I have told them that I don't live there and not to call that number. I've provided them with the correct contact information, verified who I am, etc...but they still continue. Why? Because they're hoping to pressure me into paying of course.

Not trying to be rude here, but just deal with it until you file.

You're not being rude. You're being condescending. I don't pretend to know what I'm doing-that's why I'm here, to ask questions.

[frogger]

You're not being rude. You're being condescending. I don't pretend to know what I'm doing-that's why I'm here, to ask questions.

Don't take it that way. I'm being a realist.

I have been on both sides of the fence and understand your perspective, just as I do the people that are after you.

Ask away. Everybody here will help you, just keep a smile on your face and your skin thick.

Good luck!

[frogger]

The calls don't bother me, I've been using GV to ignore most of them for months. A few get through to my cell phone but I don't pick up-it's the fact that one collections agency keeps calling my parents after they and I have told them that I don't live there and not to call that number. I've provided them with the correct contact information, verified who I am, etc...but they still continue. Why? Because they're hoping to pressure me into paying of course.

If you make the choice not to answer your phone, many collectors can and will call all contacts. That's one thing that a lot of people don't understand about collections. These people are just doing their job, and part of that job is using tactics to get you to answer the phone or pay the debt.

It does not matter if you have given them the correct contact information or not. If they can not reach you, they can call your contacts. They are pushing your buttons by calling your parents, and in many cases, that tactic works for their advantage.

The best advice that I can give you for the calls to you contacts to stop is to answer the phone. Once you answer that phone call today, you will have peace again until at least tomorrow and your contacts will not be called.

If you don't answer, they will just do their job.......

[tobee43]

diesel, maybe frogger sounded someone harsh, but (and frogger can surely handle his own), he only means well and is a wealth of information, well meaning and just down right around good human. so sorry you took offense

we all know froggers just and old toad LOL!!!

[Diesel73L]

If you make the choice not to answer your phone, many collectors can and will call all contacts. That's one thing that a lot of people don't understand about collections. These people are just doing their job, and part of that job is using tactics to get you to answer the phone or pay the debt.

It does not matter if you have given them the correct contact information or not. If they can not reach you, they can call your contacts. They are pushing your buttons by calling your parents, and in many cases, that tactic works for their advantage.

§ 804. Acquisition of location information
Any debt collector communicating with any person other
than the consumer for the purpose of acquiring location information about the consumer shall—
(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and,
only if expressly requested, identify his employer;
(2) not state that such consumer owes any debt;
(3) not communicate with any such person more than once
unless requested to do so by such person or unless
the debt collector reasonably believes that the earlier
response of such person is erroneous or incomplete and
that such person now has correct or complete location
information;
(4) not communicate by post card;
(5) not use any language or symbol on any envelope or
in the contents of any communication effected by the
mails or telegram that indicates that the debt collector
is in the debt collection business or that the communication relates to the collection of a debt; and
(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt
and has knowledge of, or can readily ascertain, such
attorney’s name and address, not communicate with
any person other than that attorney, unless the attorney
fails to respond within a reasonable period of time to
the communication from the debt collector.

So in other words this is all just a bunch of bull?

[frogger]

So in other words this is all just a bunch of bull?

That's one way you can look at it. Examine the wording:

unless
the debt collector reasonably believes that the earlier
response of such person is erroneous or incomplete and
that such person now has correct or complete location
information;

There's a lot of wiggle room in that statement. Don't you love the wording "reasonably believes"? It took a bunch of lawyers and lobbyists to get that done.


(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt
and has knowledge of, or can readily ascertain, such
attorney’s name and address, not communicate with
any person other than that attorney, unless the attorney
fails to respond within a reasonable period of time to
the communication from the debt collector.

Here's one for you: Define the word "reasonable". You as a debtor vs. the collector as a business can define the word in two very different ways. Your reasonable might be 30 days. My reasonable might be 24 hours.

My reasonable might also be that 90% +++ of the people that have "retained an attorney" are not speaking the truth. Therefore, my reasonable would be very different from yours, based upon statistics. If an attorney wants for all calls and correspondence to go to them, then said attorney needs to type up that letter on their letterhead and send it out. Talk is cheap...........

Never underestimate the many shades of gray in the laws........

@ tobee - an "OLD" toad?????? Me and the posse might sing outside your window real loud next time it rains if you keep that up. (With Pandora's permission of course)