Creditors in California must honor legal representation
By Cathy Moran on Jul 2, 2008 in Uncategorized
My fellow bloggers in this group helped my client this morning when a Wells Fargo collector told my client that despite my representation, and the bankruptcy filing we are preparing, they would contact her (relentlessly) until the filing was complete. I was thought that was illegal but needed the statutes to cite.
Andy Miofsky of the Bankruptcy Law Network gave me the provision of the Fair Debt Collection Practices Act that prohibits debt collectors from contacting a party represented by a lawyer. Doug Jacobs pointed me to the relevant California law. I confirmed that provision was made applicable to actions by the creditor itself to collect the debt by California’s Rosenthal Fair Debt Collection Practices Act.
So, Wells Fargo is on notice that I represent their borrower, and that further contact with the client will have (unpleasant) legal consequences. Thanks, guys.
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