“Dear Steve,
I have many messages left on my answering machine from debt collectors. Some of which I believe are violations of the FDCPA. Creditors Interchange has left messages about expediting judgment against us-no mini-miranda ever. Fred Hanna Associates mention they are debt collectors. And they do say that if this is not so and so hang up now. NCO wouls alway say the this was an attempt to collect a debt. Nationwide did so also. National Action Financial Services stated this is from a debt collector.
We filed BK March 30, 2009, and for several weeks I received calls from NCO about 49, Nationwide-4, National City-our home equity-they kept sending statements all the way into May asking for payment and last called May 14.
June 5th we recevied a could not make the name out but the telephone number was clear. And then on June7th we recevied another call this time I answered. She was very hesitant in giving me any info. Finally she said she was collection for Capital One and they just sent the file to them. Asked her why they would do that when we filed BK. She got rattled. So I asked her if she knew what the FDCPA was and her reply was “What did I do something wrong? What is that?” I did give her attorney’ name and number and no calls today.
My question is actually I have 2. Have the collection agencies I mentioned violate the FDCPA but leaving the messages they left on the answering machine? Also what recourse if any can be taken against the many phone calls I received after filing BK.
Attorney just told me to ignore them and then later said I should have answered and gave him his number. Shouldn’t they be reported to the Bankruptcy court for violating BK code. We also had a vehicle repo after the filing. Shouldn’ that be reported also.?
Maria”
Dear Maria,
I know this is very stressful and disconcerting. Quite frankly the fastest way to make them stop is to pick up the phone and call them. Be sure to have your bankruptcy case filing number, the date filed and your attorney information on hand when you call.
I’m not surprised they are still calling, it can take a period of time for the information to filter down to the collector, especially outside collections. Once you give the collector the information above the calls should stop very quickly.
When you talk to them, even though you are stressed and they might not be very nice, just have a smile on your face. Armed with the bankruptcy details the collector will tick a box in the computer that will begin to remove you from active collections.
Trust me, it will end well if you follow my suggestion.
Regarding the repo, I’m not sure what chapter bankruptcy you filed but if it was a Chapter 7 and there was no agreement to get caught up on back payments or continue the regular monthly payment the lender probably just snatched up their collateral. Just ask your attorney for clarification on this situation.
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The creditor phone calls aren’t so much a violation of the FDCPA as they are a violation of the automatic stay. When I file a bankruptcy for a client, I have them fill out at online questionnaire. I also ask for their credit card statements, letters from collection agencies and run a credit report. I make sure that we use all of those addresses when the case is filed.
When you file bankruptcy, the court will mail notice of the bankruptcy to the addresses provided by your attorney and it will also show up on your credit report in a few days. For the first week, I would expect a few phone calls from creditors who don’t know about the bankruptcy. After that, there really is no excuse for creditor contact in this age of electronic bankruptcy notices and availability of court records.
When one of my clients receives this type of call after filing bankruptcy, I give my clients some very simple advice. I advise them to inform the creditor that they have retained an attorney, filed for bankruptcy and give them the case number. They should give the creditor my phone number and end the conversation. After that, they should alert me and I will take care of the rest.
Your attorney should be filing the appropriate legal action against these creditors for violating the automatic stay. I really see no excuse for what you have been through.
Carl H. Starrett IIs last blog post..A Creditor Objected to My Discharge…Now What?