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.
Document, Document, Document!
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.
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