I Have Retained an Attorney for Bankruptcy Protection and Have Notified My Creditors, but They keep Calling and Harassing Me. What Should I Do?
Author: Jeffrey D. Larkin
In a perfect world, creditors would cease all contact with a debtor once they are informed that the debtor has hired representation. Legally speaking, once a creditor has notice that an individual has representation, all communication is supposed to go through the representative. Unfortunately, this is not always the case. Usually upon hiring bankruptcy counsel, cease and desist notices are generated and sent to creditors advising them of the representation, and informing them to cease any and all contact with the represented party. Because most debt collectors are unsophisticated and do not possess sufficient knowledge of the applicable law, they oftentimes claim they are entitled to attempt collection until the bankruptcy case has been filed and there is an actual bankruptcy case number to reference. This is not the case.
If you sent your creditors a cease and desist notice, have indicated that you have hired representation, and they continue to harass you, the best thing you can do is to get as much information as possible. Advise them of your representation and ask the creditor for their name and employee ID number, if any. Write down the date, time, and phone number the call is coming from. It is recommended that this information be kept on a detailed call log sheet. The more detail, the better off you will be. In some of the more egregious cases, lawsuits can be filed against these creditors for their continued harassment. The more information you can gather in support of your claim, the stronger your case will be, and the more likely you will receive monetary compensation as a result.
For more information regarding cease and desist notices, harassing creditors, or for any other bankruptcy law questions, contact The Larkin Law Firm at http://www.live-debt-free-now.com
About the author: Jeffrey D. Larkin is one of the most productive debt-relief attorneys in the region. His innovative law firm is committed to providing intelligent debt solutions custom fitted to his clients' individual needs. Whether you need to file bankruptcy, re-organize your debt or re-build your financial structure, Mr. Larkin provides a full range of legal services designed to restore financial order to your life.
Mr. Larkin is a California licensed attorney offering services throughout San Diego, Orange, Riverside and San Bernardino Counties. A 1998 graduate of California State University, San Bernardino, Mr. Larkin earned his Juris Doctorate from Thomas Jefferson School of Law in 2002. Since that time, Mr. Larkin has focused exclusively on bankruptcy and insolvency related matters, and has authored dozens of articles regarding bankruptcy and other debt solutions.
From 2002 through 2009, Mr. Larkin served as an associate attorney for the two largest bankruptcy filing firms in San Diego County. During that time, Mr. Larkin handled thousands of cases, and gained invaluable experience serving a broad and diversified client base. In 2008, Mr. Larkin was one of the top five bankruptcy filers in all of San Diego County, according to the United States Bankruptcy Court, Southern District of California.
You can reach Mr. Larkin by e-mail at Jeff@larkinfirm.com or by phone at (760) 692-2269. For more information about The Larkin Law Firm, go to http://live-debt-free-now.com
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