MKD asked:
Some have also stated that this is an attempt to collect a debt, etc. They do leave who is calling and phone number. Is this a direct violation of the FDCPA? Still getting calls after bankruptcy has been filed.
Kansieo.com
Some have also stated that this is an attempt to collect a debt, etc. They do leave who is calling and phone number. Is this a direct violation of the FDCPA? Still getting calls after bankruptcy has been filed.
Kansieo.com
Tags: Answering Machine, Bankruptcy, Phone Number
i **** debt colectors they are the scum of the earth and they always win
Some can it takes weeks to get the word out a bankruptcy has been filed but keep a record of any of them and report them to your lawyer.
Why couldn’t they? They want their money. How are you supposed to contact them to pay them back if they don’t say who they are and how to contact them. Seems pretty straight forward to me.
Tell them bakruptcy has been filed and that you do not want them calling you anymore and any correspondence needs to be mailed to you, they aren’t allowed to harass you by phone, or you can send them a letter by ceritfied mail with a return receipt requested so you have proof you sent it and they signed for it. good luck.
It could be harassment if they know you’re sheltered by bankruptcy. There are some other reasons a creditor or their collection agents are violating laws by bothering you – details, details.
Step One:
Send them a letter via Certified Mail + Return Receipt stating:
Per the Fair Debt Collection Practices Act, I am requesting that you cease all communications with me about this debt. This debt was discharged through BK and is no longer collectible. This letter is being time stamped via Certified Mail and I can confirm receipt. I will pursue each subsequent phone call from your office with a $1,000 per incident penalty for Fair Debt Collection Practices Act violations
Step Two:
Next time they call, read the following statement:
Pursuant to [your state] state law, this is to inform you that this phone call is being recorded. If you do not consent to being recorded, you need to terminate this call. Pursuant to [your state] state law, continuation of this phone call after officially being informed that it is being recorded implies consent to be recorded. This recording will be used to pursue Fair Debt Collection Practice Act violations in a court of law.
the statement this is an attempt to collect a debt, any information obtained will be used for that purpose only is called the mini miranda. this statement can only be stated as per the FDCPA, on direct contact with the consumer or his/her spouse (that too only in states that allow the debt collector to assume that the spouse is like a co consumer). this means that no one in your home can be told about your debt except you and/or spouse. so, while leaving messages on your answering machine, the collector can only state his/her name and their contact information (not even their company’s name). if you are still getting calls after you’ve filed for bankruptcy, call back on the number that is left and provide the necessary information that the collector needs to save this info- you’ll generally have to give your docket number, your lawyer’s name and contact number, the dates of the filing etc…. if after you give them the info and they keep calling you, you can sue them.
This falls under one of those grey areas of the FDCPA. Under § 805. Communication in connection with debt collection: there is no provision regarding this situation. Although some states may vary in their own statutes.
Technically, if they are not actually speaking to the debtor, they are required under the FDCPA to only disclose who they represent and not the reason for the call. They are allowed to mention their name and phone number to contact. There have been some cases where suits have been brought to court and some courts argue that if a message is left on a machine, then anybody could intercept or hear the message, thus it would violate collection practices.
Your best bet is to look up your states statutes regarding this issue, if your state follows the FDCPA then they have not really violated any sections of the FDCPA.
HOWEVER!
If you have filed bankruptcy and they have been notified then they are no longer allowed to contact you directly, they must communicate with your attorney under this paragraph: (2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name
and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer;
Hope this helps answer your question.
Don’t overdo it with legal stuff. Maybe they’re not aware that you filed or whatever. Call back if you can, be nice and tell them what’s what. or write them a polite note giving them the particulars…and where to call
Don’t know it it’s legal or not , but they do it. I keep getting calls on my answering machine for someone that has never lived here. They state This is an effort to collect a debt