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Is there any benefit to answering the phone?

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    Is there any benefit to answering the phone?

    We are getting tons of calls. We're trying to hold off on filing until December. We stopped paying our cards in July. Is there any benefit to answering the phone, and giving our creditors our attorney's number? Will they try to file suit faster? Or spend their money chasing other calls?

    Here's who we owe:
    B of A (collections) 35k
    B of A credit card (collections) 16k (both have been charged off)
    Discover 8k
    Chase 8k
    First Financial Bank South Dakota 17K
    Usbank 12k

    thanks.

    #2
    I personally don't see any benefit. Once I realized I could not make payments I stopped answering all collection calls. I went 10 months without paying credit cards before filing.
    Chapter 13 Filed (Pro Se) - 9/30/09
    Confirmation Date - 12/1/09
    Stats - $1752/month, 29/36 completed, 4% to Unsecured, Lien Stripped 2nd Mortgage

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      #3
      I just want to make sure they don't call my husbands dad/sister etc. WE don't plan on telling them that we're filing. They are dead set against anyone who files, and I don't want to have to explain it to them.
      The collectors have called my parents once.

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        #4
        I luckily didn't have any creditors call family members but I know others have not had the same experience.

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          #5
          We don't answer the phone either, we get atleast 50+ calls a day We owe out about 30K and have it spread across multiple cards, hence all the calls. Not sure when I am going to file a 13, but I am waiting and if we get sued then I will file asap, right now I am just waiting to see. I have thought about settling each one and have gotten some pretty good offers as of lately, but they want too much of a monthly payment. Right now I pay our mortgage, car and utilities and put food on the table and that's about all I can afford.

          About 3 weeks ago a credtior called my dh's mother and asked if he lived there and if she knew how to reach him, weird because we have never given their number and she doesn't even have the same last name ( she is remarried), so I have NO idea how or why they called her??

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            #6
            I had creditors calling my family, neighbors and worst of all my work. They would call my work muliple times a day and it almost got me fired. They WILL track down numbers for and call all of the above if they cannot get hold of you. I guess you have to decide what you want to deal with less of, talking to multiple creditors a day or having your business dragged through the mud with everyone you know.

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              #7
              The key thing to do to avoid having creditors or collectors call others (family, neighbors, etc.) is to clearly identify who you are when they call. The only legitimate reason a creditor can use to call others is if they cannot find you.

              To accomplish this, you have three options....(1) leave a message on an answering machine that clearly states who you are; (2) answer the phone, identify yourself, state clearly you do not have any money to pay them, and then quietly hang up; or (3) send the creditor/collector a "cease and desist" letter that clearly identifies you and states you wish no further contact except in writing, then send it out by registered return-receipt snail mail.

              Creditors and collectors calling work can be stopped immediately by identifying yourself and then stating that your employer does not allow you to take personal calls at work and they are not to call your work again under any circumstances. Sending a cease and desist letter stating the same seals the deal.

              There's no law stating you have to talk to creditors or collectors. After identifying yourself, quietly hang up even if they are still speaking. There are varying opinions about how often you need to identify yourself to each creditor/collector that vary from daily to weekly. Personally I haven't seen a specific time identified.

              Here on the boards, we have not seen creditors speed up legal actions in court even if they know you are planning to file. If you have retained a lawyer and are waiting to file, if your lawyer allows it, send creditors on to them.
              I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

              06/01/06 - Filed Ch 13
              06/28/06 - 341 Meeting
              07/18/06 - Confirmation Hearing - not confirmed, 3 objections
              10/05/06 - Hearing to resolve 2 trustee objections
              01/24/07 - Judge dismisses mortgage company objection
              09/27/07 - Confirmed at last!
              06/10/11 - Trustee confirms all payments made
              08/10/11 - DISCHARGED !

              10/02/11 - CASE CLOSED
              Countdown: 60 months paid, 0 months to go

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                #8
                Answer the phone, give them your attorney's name and number and that you have "RETAINED" them. We didn't answer for a long time but then our family started to get called which is really bad for us since they don't know anything at all (and we want to keep it that way). We also changed our answering message to make sure it identified us (not by name) and we would get theses 2-3 min. messages...sometimes recordings.

                It does get better. We filed in July and when the phone rings now, I actually WANT to see who is calling and probably ANSWER it. Silence is the sweetest sound.

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