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can they do that?

Submitted by amyw2003 on Fri, 07/24/2009 - 15:50
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I have retained an attorney for my bk. i have not paid her the full amount but she told me to tell all creditors to start calling her office. yesterday, i got a call from cash call asking me when i was going to moneygram my payment in. i told them that i was filiing bk and gave the girl my attorneys info. today, they drafted my bank account for 160 dollars! i called and told the woman i talked to that i had informed them yesterday that i was filing bk and gave them my attoneys info and i wanted them to put my damn money back. she then asked for my case number and i told her i didnt have one yet. she told me that when they called me yesterday, the draft had already been scheduled for taday and so they couldnt stop it. i then asked her why did they call and ask me to moneygram my payment in if they had scheduled a draft already and why didnt they tell me that a draft was scheduled for today. she then put me on hold and when she came back she told me that they couldnt do anything until they got confirmation from my bank that the draft went through and to call back next week because she didnt know what to do about this and then she hung up on me. can they still draft my account if i have retained an attorney but havent filed yet?


Probably can. Retaining an attorney is not a legal standing. When I give my attorneys number to the collector's, all I am doing is giving them a new contact. Until you actually file the petition and get the automatic stay, the collector's can still use any legal remedies to collect. Mine have ceased activity because (I have been told), they are not inclined to put the resources into an account that they are not going to get anything out of. I doubt that you can get your money back from them. I would close the account before they decide to take more.


Submitted by southernapostolic on Fri, 07/24/2009 - 16:39

southernapostolic

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