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Senior Contributor
bichonmom
Posts: 3,318
Registered: ‎05-05-2011
0

How to stop harassing phone calls

I am asking this on behalf of my mother, who is on the verge of filing BK (and can't use a computer). She was advised by the atty that she had to stop using her CCs at least 45 days prior to filing, so she has done that. Apparently the CCCs have started calling her. I went through this myself many years ago, and recall that an atty told me to tell anyone who called that I was filing BK and to stop calling me, and that they *had* to stop if I said that. It's been quite a while, so I'm not sure if I'm remembering correctly, or if that's even still true today.

 

I would really appreciate any advice you have for how she could best handle this situation.

 

Thanks!

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Edits, funky spacing and spelling due to my iPad not getting along with the forum editor!

Established Member
ejlambster
Posts: 15
Registered: ‎01-25-2012
0

Re: How to stop harassing phone calls

Pretty much. She will be asked of she has a case number (which she won't at this point) or an attorney (which it sounds like she does have). But it only lasts a very short period of time if they don't get word of her filing.
Good luck to her!
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Contributor
JaneS1123445
Posts: 108
Registered: ‎03-04-2012
0

Re: How to stop harassing phone calls

[ Edited ]

bichonmom wrote:

I am asking this on behalf of my mother, who is on the verge of filing BK (and can't use a computer). She was advised by the atty that she had to stop using her CCs at least 45 days prior to filing, so she has done that. Apparently the CCCs have started calling her. I went through this myself many years ago, and recall that an atty told me to tell anyone who called that I was filing BK and to stop calling me, and that they *had* to stop if I said that. It's been quite a while, so I'm not sure if I'm remembering correctly, or if that's even still true today.

 

I would really appreciate any advice you have for how she could best handle this situation.

 

Thanks!


 

 

Bichon, you can send a "cease and desist" letter. You have rights and not everyone is aware they can do this. You might want to read the "Fair Debt Collection Act" . I've attached a link with a sample letter, for your reference: https://www.ovlg.com/letters/cease-and-desist-letter.html and https://www.ovlg.com/creditor-harassment/bankruptcy-filing.html

 

By law once she is filed they must stop. As of right now she can refer them to her atty's office and tell them she's filing, and to deal with her atty and give them the phone number to the office. If by the time she is filed they don't stop, which some creditors never seem to learn, have her inform her atty. He/she can file a Motion for Contempt and for Sanctions/Atty Fees against them.

Moderator Emeritus
llecs
Posts: 32,869
Registered: ‎08-04-2007
0

Re: How to stop harassing phone calls


JaneS1123445 wrote:

bichonmom wrote:

I am asking this on behalf of my mother, who is on the verge of filing BK (and can't use a computer). She was advised by the atty that she had to stop using her CCs at least 45 days prior to filing, so she has done that. Apparently the CCCs have started calling her. I went through this myself many years ago, and recall that an atty told me to tell anyone who called that I was filing BK and to stop calling me, and that they *had* to stop if I said that. It's been quite a while, so I'm not sure if I'm remembering correctly, or if that's even still true today.

 

I would really appreciate any advice you have for how she could best handle this situation.

 

Thanks!


 

 

Bichon, you can send a "cease and desist" letter. You have rights and not everyone is aware they can do this. You might want to read the "Fair Debt Collection Act" . I've attached a link with a sample letter, for your reference: https://www.ovlg.com/letters/cease-and-desist-letter.html and https://www.ovlg.com/creditor-harassment/bankruptcy-filing.html

 

By law once she is filed they must stop. As of right now she can refer them to her atty's office and tell them she's filing, and to deal with her atty and give them the phone number to the office. If by the time she is filed they don't stop, which some creditors never seem to learn, have her inform her atty. He/she can file a Motion for Contempt and for Sanctions/Atty Fees against them.



The above only works for CAs as the FDCPA only covers CAs. If it is just the CC calling (or whoever the OC may be), they can call unfortunately and there is no federal law that prohibits OCs from calling. There might be some state provisions. YMMV on where she lives.

 

Back in the day I was in so much debt that my creditors were carpooling to my house. The phone rang off the hook. I took the side step to add a new phone number. This new number was what I used for friends and family and didn't give it out to anyone. The old phone number I kept in service but I turned the phone off and kept the callerID plugged in to track who was calling.

Senior Contributor
bichonmom
Posts: 3,318
Registered: ‎05-05-2011
0

Re: How to stop harassing phone calls

Thanks, Ilecs. Right now, she is screening her calls, since she doesn't have caller id. I guess she'll just have to keep doing that.

 

After the BK is filed, do they usually stop calling?

~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*
EQ FICO 750 | TU FICO 761 (Walmart) | EX FAKO 767 | Goal: 800+

Edits, funky spacing and spelling due to my iPad not getting along with the forum editor!

Contributor
JaneS1123445
Posts: 108
Registered: ‎03-04-2012
0

Re: How to stop harassing phone calls


bichonmom wrote:

Thanks, Ilecs. Right now, she is screening her calls, since she doesn't have caller id. I guess she'll just have to keep doing that.

 

After the BK is filed, do they usually stop calling?



Yes most of them will get notice and stop calling, however, some creditors are very persistent. You might have to have the attorney's office intervene and have the attorney call or send a letter out, and if she's being harassed non-stop by a particular creditor, he/she can file a Motion for Contempt, etc., if it gets too out of hand. Once she files though, they must cease all debt collecting, pursuant to section 362 of the U.S. Bankruptcy Code aka  the "Automatic Stay". Until she files her case, they can keep calling, like llecs said, but most of them will be content if you give them an attorney's name and number to call and some will insist on a case number. If Collection Agencies are calling her, she can most definitely send the letter I posted about earlier to them. I should have clarified that on my previous post. Original creditors are allowed to call, but each state has its own local rules. I can only speak for FL. I'm a bankruptcy paralegal there, so I know what I'm telling you is correct in regard to FL.

 

 

New Visitor
ficomakover
Posts: 1
Registered: ‎03-30-2012
0

Re: How to stop harassing phone calls

Thanks for the great information. 

Regular Contributor
SeanAndrews
Posts: 127
Registered: ‎07-14-2008
0

Re: How to stop harassing phone calls

I sent a cease telephone contact to Discover and it actually worked, and they are the OC. According to the FTC website (not FDCPA), even if you have an established business relationship, if you let them know in wrting that they are calling you at times inconvenient to you, they must stop. I told them any time they call me is inconvenient to me, and it stopped. Of course the babies removed any possible online settlement offers I had previously available to me, they really hate when you cut the verbal ties with them - it's how they really get the money out of you, working and wearing you out mentally on the phone.

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