I made myself a note that I keep by the phone--with all of the creditor numbers that call. I haven't filed yet, but I sent notices with the intent to file to the two credit card companies to whom I owe money. The calls have subsided. But when they do call, it is four rings and a hangup. I have discovered the reason for this: The Fair Debt Collection Practices Act (FDCPA). It came out of a case, Foti v NCO Financial. Basically, it sees any voicemail message left by a debt collector as a violation. One can sue for $1,000.00 damages. Today, no one should be answering the phone when the Caller ID indicates a "stranger." Just let it go to voicemail. Anyway, I think the key is sending a certified letter of intent to file giving your retained attorney's name, address, and phone number.
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They called my mother!!!
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I wonder if asking for names and numbers of references for credit is a relatively new thing. I don't remember ever having to provide that information on credit card applications (and I filled out a lot of them!). I don't remember having to provide it when I bought a car 3 years ago. But I just bought a new car 3 weeks ago and I did have to provide names of references.
I guess I understand why they do it now, with the state the credit/collections industry is in. Interestingly, I was one of those that never talked to my creditors before I filed. I let all calls go to voicemail and never called any of them back. I know that my sister got one phone call, but no one else I know ever did. I was shocked that my parents didn't. They never called my job. Of course, I've only been at this job for a year and they probably didn't know where I was working since it was a new job at that time. Plus, I have never given out my work phone number. Neighbors I can see. If they are listed in the phonebook, a creditor can very easily find someone with an address very close to yours and call them.Filed Ch 13 - 2/2010
341 meeting - 4/2010
Confirmed! - 6/2010
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What I've been doing this week was answering 2 or 3 calls. (Or returning voicemail). I'm hoping that it will cut down on the calls, and eliminate the calls to family. We really have allll the creditors... Chase, Discover, Citi, American Express.....so we get TONS and TONS of calls. I figure though, if I talk to Chase in the morning, they shouldn't be calling me back in the afternoon 10x. So it HAS cut down a tad on the phone ringing quite as much.
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