Once you have started preparing your bankruptcy, you can use consumer protection laws to stop creditors from calling you, for family and your employer.
After we complete your retainer agreement together, I will give you instructions to direct creditors to call my office for the duration of your case preparation.
Redirecting calls because of representation is a legal tool to stop creditors from harassing you by phone and to stop them from trying to talk you into making payments after you have started on your bankruptcy.
Unfortunately, lawsuits and most written correspondence will continue until the bankruptcy is actually prepared and filed.
THE FAIR DEBT COLLECTION PRACTICES ACT
(6) AFTER THE DEBT COLLECTOR KNOWS THE CONSUMER IS REPRESENTED BY AN
ATTORNEY WITH REGARD TO THE SUBJECT DEBT AND HAS KNOWLEDGE OF, or CAN
READILY ASCERTAIN, SUCH ATTORNEY’S NAME AND ADDRESS, NOT COMMUNICATEWITH ANY PERSON OTHER THAN THAT ATTORNEY, UNLESS THE ATTORNEY FAILS TO
RESPOND WITHIN A REASONABLE PERIOD OF TIME TO THE COMMUNICATION.
SC CONSUMER PROTECTION CODE
Unconscionability; inducement by unconscionable conduct
(5)(ii) communicate with a consumer who is represented by an attorney when such fact is known to the creditor or debt collector unless the attorney consents to direct communication or fails to respond within ten days to a communication.