Marks Law Firm provides clients with call log sheets for a couple different reasons. Click Here for a Call Log. Once a client has retained Marks Law Firm, the client may provide attorney information to creditors in order to stop collection calls until the bankruptcy is filed. Also, if a creditor continues to call the client after attorney information is provided or if a creditor’s behavior constitutes harassment, a call log is an essential document for use in a harassment lawsuit against a creditor.
We realize that it can take time before our fee is paid in full at which time the actual bankruptcy case is filed. Once a client has made a payment toward their bankruptcy fee, our office has been retained as the client’s attorney. Our office will represent you while you are preparing to file your bankruptcy, the filing of the bankruptcy and throughout the duration of your bankruptcy case.
ONCE MARKS LAW FIRM HAS BEEN RETAINED, THE CLIENT SHOULD START ANSWERING THE PHONE AND SHOULD PROVIDE THE CREDITOR WITH THE ATTORNEY CONTACT INFORMATION! Creditors are not expected to know you have retained an attorney unless you tell them! Each call should be recorded on the call log sheet. You want to indicate on the call log sheet the date of the call, the creditor’s name, the phone number and a brief description of the call. Click Here for a Call Log. A call log sheet is also a great way at identifying third party debt collector you may not have knowledge of. We recommend you provide the following information to the creditor:
“I have retained an attorney for the purpose of filing bankruptcy. My attorney’s information is: Marks Law Firm, 515-276-7211. You are no longer authorized to contact me. Please contact my attorney.”
If the creditor asks for your case number please inform them that you will not have a case number until you actually file the bankruptcy. Sometimes the creditor will refuse to take the attorney contact information. That’s fine; just note that on the call log sheet. ONCE YOU PROVIDE YOUR ATTORNEY INFORMATION IT IS A VIOLATION OF IOWA DEBT COLLECTION LAW FOR THAT CREDITOR TO CONTINUE TO CONTACT YOU! We cannot help you unless you have recorded the communication on your call log sheet. Remember, you are in control of the conversation and you have your attorney there to assist you.
If a creditor continues to call after attorney information is given, you should contact Marks Law Firm to discuss whether the creditor has violated debt collection law. In addition, Iowa Code Section 537.7103 lists numerous debt collection regulations. Please visit the consumer protection pages of our website for a list of what creditor behavior constitutes harassment. If you feel harassment is taking place make sure to document it on your call log sheet! Click Here for a Call Log. You will also want to gather as much information as you can from the creditor and save any voice messages. If you have questions always feel free to call or email attorney Ashley Zubal.
If you are being harassed by a creditor, you may have a cause of action against that creditor (lawsuit). Attorney Ashley Zubal will discuss your options with you. Should you have a case, you will not be charged costs or attorney fees. If a creditor is found liable for harassment, they must pay your attorney fees and costs of the action as well as pay you damages. More plainly stated, no money will come out of your pocket.
Creditor harassment is not rare. It happens often. Marks Law Firm pursues creditors for illegal debt collection harassment regularly. Creditors and debt collectors that violate state and federal debt collection law have to pay you a penalty!