If an attorney represents a creditor, can you still contact the creditor directly regarding the debt?

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If an attorney represents a creditor, can you still contact the creditor directly regarding the debt?

An attorney collecting a debt for a company said I couldn’t contact the creditor since they are now represented by an attorney. Is this true?”As I stated in my September XX, 2010 correspondence, this firm represents XXXXXX. Consequently, by law you are not to contact them directly. Any communication you have must be through our office.”

Asked on September 21, 2010 under Bankruptcy Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, there is no law preventing you from contacting the creditor, though similarly, there is no law requiring the creditor to talk to you, negotiate with, or even accept your phone calls; they allowed to defer all that to their counsel. The only reason to not go through the counsel would be if you mistrust them; in that case, if you're not sure they actually represent the creditor, contact the creditor to verify representation; if you generally do not trust the law firm, copy all correspondence to the creditor as well so they see what you and the attorney talk about. Note that a person can always attempt to reach out directly to another party; but that other party can just ignore the  caller ID or say "talk to my lawyer."


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