Should I tell creditors I plan to file?

[sofarindebt]

Sorry for so many questions, but my attorney said once I pay him my first fee to retain him, I can start telling creditors I am filing and giving them his number. Is this better or worse? Will they be less likely to sue me knowing I am going to file, or will they try to sue me faster before I file? I won't be filing until next May.

[CindyLou]

I told them all!!! Even a year before filing. they know that if they sue, then you will just expidite the process. Tell them!! Let it be known and they will stop calling!

[Minnymouth]

When you pay your retainer to the attorney then as the calls come in refer them to your attorney. No reason to tell them WHEN your going to file.....none of their business.

Once they know you are going to file and refer them to the attorney, all calls usually stop and they do not pursue lawsuits.....

[IOIOIO]

When you pay your retainer to the attorney then as the calls come in refer them to your attorney.

Do they actually follow through and contact your attorney? Why or why not?

[CAB_44]

When you pay your retainer to the attorney then as the calls come in refer them to your attorney. No reason to tell them WHEN your going to file.....none of their business.

Once they know you are going to file and refer them to the attorney, all calls usually stop and they do not pursue lawsuits.....

really Minny~ I would have thought the exact opposite...that it would make them file a suit immediately...hmmm....interesting...I haven't told any of mine....they just keep callin...I just keep hangin up.......!!!!!!!

[SinkingFast]

Do they actually follow through and contact your attorney? Why or why not?

Some do call the attny you tell them to contact. If for nothing more than to verify you're telling the truth.

I can well imagine Creditors get "threatened" with filing BK by dead beat customers all the time.

[HHM]

When you pay your retainer to the attorney then as the calls come in refer them to your attorney. No reason to tell them WHEN your going to file.....none of their business.

Once they know you are going to file and refer them to the attorney, all calls usually stop and they do not pursue lawsuits.....

What minny says is basically true, and yes, the creditors do sometimes call your attorney to confirm. (I know this for a fact). Under FDCPA, once you hire an attorney, 3rd party collectors (i.e. collection agencies, lawyers) can only contact your attorney, they can no longer call you...but the creditor could still call you...but they usually don't.

And no, they do not rush to file a case...from the creditor perspective...laying out money to sue is throwing good money after bad...they just flag the file as a possible BK, someone may contact your BK attorney to confirm that you have in-fact retained an attorney, and that is the end of it. If you wait a few months between retaining an attorney and actually filing, your attorney will probably get a follow-up call asking when they anticipate filing your BK.

In short, you do not need to go out of your way to tell your creditors you intend to file.

[CindyLou]

I told them all I was filing and then told them pro se. I then asked for each of their correspondance addresses or fax and either faxed over or mailed out a pre-printed cease and desist form letter that I had typed and made copies of. I kept a stack of them with envelpes by the phone. Didn't take long for no more phone calls. It was well over a year between the time I told them until I filed.

[IOIOIO]

I faxed over or mailed out a pre-printed cease and desist form letter that I had typed and made copies of....Didn't take long for no more phone calls.

That's a lucky outcome. From info on other threads, the creditor acting on its own behalf doesn't have to cease and desist from contacting you even if you notify them in writing. Third party bill collectors, though, face more legal constraints the debtor can invoke.

Are there are any potentially bad things about telling them you intend bk versus telling them nothing? I like the pro se bk response, if it works, but the "volunteer no information" method seems like the safest bet.

[sisterfunkhaus]

My attorney said if they think you are filing, they will hurry and file a suit, get a judgement and put a quick garnishment on your bank account to get what they can. This doesn't sound right to me b/c in my mind, they KNOW you can file quickly and stop the suit and garnishements.

[CindyLou]

I literally went MONTHS and MONTHS with no calls from creditors or collection agencies. Once I sent the letter they stopped the calls cold. Nothing. This is how I worded my letter (with the other normal stuff of course) "I am unable to receive telephone calls at all. My policy at my workplace prohibits personal telephone calls and could result in my termination. I am unable to receive telephone calls at home due to an unstable domestic situation and my need for privacy. PLEASE REMOVE ALL OF MY TELEPHONE NUMBERS FROM YOUR DATABASE. You are welcome to continue to send correspondance the the address below until which time I file chapter 7 bankruptcy. I will be filing pro se and will contact you with my case number once it is received. Unfortunately I have no assets and no disposable income to pay this debt. Your coOperation during this difficult time is appreciated."
HEY, it worked for me. But again, this is just something I made up and it worked. Can't say how it would go for anyone else. If anyone tries it, keep us posted.