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  1. #1
    great_ideas is offline Member
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    CitiCard Won't Stop Calling Me!

    What is the name of your state (only U.S. law)? Indiana

    I spoke to a bankruptcy attorney 4 months ago, and they advised me to stop paying my creditors and file chapter 7. I received a case number and a phone number that I give to anyone who calls. I spoke to all my creditors the first time I missed a payment. Citibank called me at work, and I told them that I cannot receive personal calls at work, but I can discuss the matter at home anytime. They only need to call. I went home and called the number they gave me. I told them that I was filing chapter 7, and that I had given them my attorney's name and number previously. They calimed to not have it. They called me at work again the following week. I asked them to not call me there again. I called them when I got home from work. I told them to stop calling me at work and they asked me to make payment arrangements. I told them that I am filing Chapter 7. They said that they need my attorney's info! I gave them the information again! They called me the following week at work! I asked the caller for her supervisor, she hung up. Since then I've gotten 2 calls at home from a collection agency calling on Citicards behalf! I am also receiving letters in the mail daily from them!

    Can they keep harrassing me until the day the attorney actually files my BK? Can they continue to call me at work? None of my other creditors have bothered me. Do they think that they can bully me into paying them? I don't have the money! If I did I wouldn't be filing a BK!
  2. #2
    bigun is offline Senior Member
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    Until you actually file, you are not protected by the automatic stay.

    Send a letter to the collection agency stating, they are no longer allowed to contact you about this matter. This is a cease and desist letter and if they continue to call, it is a violationof the Fair Debt Collection Practices Act. Send it CRRR.
  3. #3
    great_ideas is offline Member
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    Thank you!

    I wish I could pay the fees and file today!
  4. #4
    Tayla is offline Member
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    Send letter via certified mail to original creditor and send a carbon copy to your lawyer.

    Most major credit card companies have a specific mailing address for card holders that need to notify of ensuing bankruptcy filings. Send to the address listed.

    A collection agent is usually after the holder hasn't met the contractual agreement for payment and gone into default. Usually 60-90 days from last payment without getting caught up.

    To the best of my knowledge an original creditor can contact the holder during normal business hours.

    Without filing for bankruptcy you are a sitting duck for collections.
  5. #5
    justalayman is offline Senior Member
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    Quote Originally Posted by bigun View Post
    Until you actually file, you are not protected by the automatic stay.

    Send a letter to the collection agency stating, they are no longer allowed to contact you about this matter. This is a cease and desist letter and if they continue to call, it is a violationof the Fair Debt Collection Practices Act. Send it CRRR.
    bigun, FDCPA does not apply to first party collections. As the OP presented this, it is still going to be a first party collections situation.


    i.e.

    FDCPA does not apply and as such, there are no protections afforded the OP by the FDCPA.
  6. #6
    bigun is offline Senior Member
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    Lookslike Citi turned it over to a collection agency.

    Since then I've gotten 2 calls at home from a collection agency calling on Citicards behalf! I am also receiving letters in the mail daily from them!
  7. #7
    justalayman is offline Senior Member
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    Since then I've gotten 2 calls at home from a collection agency calling on Citicards behalf! I am also receiving letters in the mail daily from them!
    HEY, that's an edit. It wasn't there the first time I read it, honest

    Guess I missed that on first read.

    So, as bigun states, you can send a cease and desist letter. One thing to be aware of; that means they cannot contact you in any way with one exception; when they notify you they are suing you. A cease and desist often spurs them to sue if they were on the line about suing prior to that action.
  8. #8
    Tayla is offline Member
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    editing since it seems to be the rage on this forum.
    Actually the OP did change the information.
    Last edited by Tayla; 08-03-2009 at 06:28 PM.
  9. #9
    >Charlotte< is offline Senior Member
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    Quote Originally Posted by Tayla View Post
    Not sure how BIgun knows that OP(Great_Ideas) had it turned over to collections.
    OP said it had been.

    In the original post Great Ideas clearly said CITIBANK called...
    Further in the post, he said it had been turned over to collections.

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