Fib to creditors to keep them hanging on, or ???

[PaKettle]

I am just now starting to get calls from creditors, this is the first month I have not been able to pay.

My question, then, is:
Do I pick up the calls from creditors, give them a sob story about extra expenses etc. and keep them hanging, waiting for payments? I could say, "I THINK I can make a double-payment at the end of the month..." for example...

Or is it best to tell them, "I just can't pay right now, but if I can, I'll pay you next month..."

Or is it best not to answer the calls at all?

I'm thinking it might be best to give them hope I might get back on track... so as to avoid their turning the debt into a collector... which would require that I speak to them?

What's the concensus on this?

[leftyf]

I'm in the same boat and haven't paid in 2-3 months. We have yet to answer a call from a collector...so I hope I'm taking the right approach. My wife did tell one hospital that we were planning to file a personal and they reacted like "Oh?" but they still call to collect. I have not been sued or garnisheed yet. I have considered using a takechargeAmerica or CCCS to delay the inevitable, but I'm not sure that is worth the time. Any opinions on that? I would be using it as a delay tactic since I'm pretty sure I need to wait 6 months to file due to a bonus I received at work and some hefty cash advances I took from credit cards to pay the realtor closing costs when I sold my home...I'm still not sure if that was a dumb move or not.
Maybe I should just file a chapter 13 now and try to convert to a 7 in 7 or 8 months when my average income falls? I will still be above the median, but much less so. I just realized I hijacked your post...sorry.

[CindyLou]

My personal opinion is to just avoid them...of course its only my peresonal opinion. It only stresses you out to talk to them and IMO doesn't really change what course they will take. Each company has its own internal policy about what track they take to deal with people who don't pay. Are any of your debts from credit unions or local creditors???? They tend to be a bit more agressive. Around the time I stopped paying, I canceled my landline and got a new cell phone number. Stopped the calls completely. Got a few calls at work and sent a letter and didn't receive anymore. I guess I was lucky cuz they didn't really harrass me... As far as CCCS, you will have to put money up to get that started and that would be a waste of money if you are going to be filing. It will likely take longer than 6 months for your creditors to get a judgement and begin garnishment. What state are you in?

[lrprn]

My question, then, is:
Do I pick up the calls from creditors, give them a sob story about extra expenses etc. and keep them hanging, waiting for payments? I could say, "I THINK I can make a double-payment at the end of the month..." for example...

NO! Do not ever tell a creditor or a collector that you plan to pay them unless it's true. You don't have to talk to them at all - just let caller ID and an answering machine do the work for you. Trust me - if you say the wrong thing, these people can and will use that against you any way they can.

I'm thinking it might be best to give them hope I might get back on track... so as to avoid their turning the debt into a collector... which would require that I speak to them?

As illogical as it seems, it does NO GOOD AT ALL to talk to your creditors unless you intend to give them the only thing they want - your money. They will do whatever they think they can get away with (legal or otherwise) to get money from you. Since you can't pay them, promising you will pay them buys you nothing - they will send you along to the collectors on their usual timeline no matter what you say. Worst case is talking to them can create the possibility of one of your creditors filing an objection to your bk case if you say the wrong thing.

If you don't recognize the number, don't answer the phone. Put a message on the machine that identifies you by name so the creditors and collectors can't use not finding you as an excuse to move on to family and friends (although the sleazier collectors will probably try that anyway).

Do some searches here in the forums - there are many threads related to dealing with creditors and collectors before filing with some great advice from those of us who have been there and survived it.

[manglicmot]

I told my creditors that I planned to file C7 within the next few weeks and they asked for my attorney info and that was it. It was nice and polite. One of them accidently called me back a few days later and apologized for calling because he did not see the note on my account that I planned to file.

[JRScott]

Avoid talking to them if you can using a caller ID with a block on those that do not show their ID and an answering machine. Make sure that they can hear your name on the answering machine.

Do not promise them any payments.
Do not tell them that you are filing BK until you have retained a lawyer or filed your papers (for Pro SE). Telling them you are filing BK might speed up their normal process and you want as much time as you can get.

I know I used to talk to mine too, that is the natural inclination but it can actually cause problems if you say the wrong thing.

[PaKettle]

Okay, not talking to them at home is not a problem - I have an answering machine and I've always screened my calls, anyway.
But, what do I do at work? I have already had one call me in the room I work in, and a co-worker answered when I wasn't there.
IF I pick up the phone at work and it's one of them, what do I say? I was thinking I'd just say, "Oh, sorry, I cannot talk to you at work. Call me at home." Then they'll likely ask me when to call, I wont' answer at that time and then they'll call me at work again... No?

So what do I do about them calling me at work? (I have to wait almost 3 months before I can file.)

This is Chase and I've only just missed ONE payment! Soon I'll have about 4-5 Chase accounts not paid! Then they'll REALLY be on my case!

[magyar123]

I usually tell them - right at the outset - that I am recording the coversation...funny how fast they hang up without saying a word.

[lrprn]

So what do I do about them calling me at work? (I have to wait almost 3 months before I can file.)

Send Chase a registered letter, return receipt stating that your employer does not allow you to receive personal calls at work and they are not allowed to contact you there again. If Chase calls your employment again after receiving your letter, you can take legal action against them because this is a violation of the Fair Debt Collection Act - http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#808

[PaKettle]

Send Chase a registered letter, return receipt stating that your employer does not allow you to receive personal calls at work and they are not allowed to contact you there again. If Chase calls your employment again after receiving your letter, you can take legal action against them because this is a violation of the Fair Debt Collection Act - http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#808

Thank you for the quick response!

I am not sure if my employer does or does not allow me to receive business calls at work. Can I still tell the creditors that my employer does not allow it, or do I have to find out? I know some people DO receive and make business calls at work... I guess since I don't know for sure, I could say they do not and take the chance of being wrong...

Actually, I just thought of something: I could say in the letter: "I cannot receive business calls at work", this does not state that my employer doesn't allow it, just that I cannot do it; i.e.; I don't have time for it, I have to do be available to do my work. But it implies that it is not allowed...

And as to recording the creditor calls, which someone else recommended I tell them I am doing, is it legal to record phone calls? I thought it was illegal in some states. Not sure of the law here in CA. Maybe it's only illegal if you don't TELL the other party?

[familyof7]

Dont say business say personal calls because they are calling you regarding a personal credit matter tell them do not cal me at work again

[lrprn]

I am not sure if my employer does or does not allow me to receive business calls at work. Can I still tell the creditors that my employer does not allow it, or do I have to find out?

If your employer knew that creditors were hounding you at work reducing your productivity and stressing you out, no employer would want those calls to continue.

And as to recording the creditor calls, which someone else recommended I tell them I am doing, is it legal to record phone calls? I thought it was illegal in some states. Not sure of the law here in CA. Maybe it's only illegal if you don't TELL the other party?

Found this information about recording phone conversations in CA at http://www.privacyrights.org/fs/fs9-wrtp.htm - "California law does not allow tape recording of telephone calls unless all parties to the conversation consent (California Penal Code 632), or they are notified of the recording by a distinct "beep tone" warning (CPUC General Order 107-B(II)(A)(5))."

Looks like in California if you want to record your phone calls with creditors, you have to tell them you are recording first or install something that will make the "beep" tone mentioned when the call starts.

[PaKettle]

If your employer knew that creditors were hounding you at work reducing your productivity and stressing you out, no employer would want those calls to continue.

Found this information about recording phone conversations in CA at http://www.privacyrights.org/fs/fs9-wrtp.htm - "California law does not allow tape recording of telephone calls unless all parties to the conversation consent (California Penal Code 632), or they are notified of the recording by a distinct "beep tone" warning (CPUC General Order 107-B(II)(A)(5))."

Looks like in California if you want to record your phone calls with creditors, you have to tell them you are recording first or install something that will make the "beep" tone mentioned when the call starts.

Or, I could just go "Beep!" , "Beep!" every so often... every so often!

Thanks for checking, I thought Calif. had some weird law like that...

I could set my watch for a 10 second repeat alarm and hold it up to the phone...

Actually, many businesses such as banks and credit companies, cable, etc. have a recording they play before they put you through to an operator that states "This call may be monitored to improve service..." I forget what else it says but apparently that is enough to satisfy the law, so I should be able to do the same thing if I just TELL them at the outset that I will be recording the call... and if they do not consent to be recorded they can hang up.

[CityGirl]

How did the creditors get your work number. When I apply for any CC, I NEVER put work # on it. I always put a cell or something.

[cathywhite4495]

I had one that called me at work. Of course the co-worker I truly despise happened to be in my room at the time and picked up the phone. When they called back I gave them the line about personal calls at work and if they did it again they would be contacted from my atty (as if I have one for my own personal use They tried to get my home number and I just told them to figure it out and I hung up. They tried calling me at work 6 months later and I reminded them of our previous conversation. They hung up and that was it.
Citygirl - this debt was 6 years old and I hadn't had my current job back then. I think they get your work number by checking who your employer is on your credit report.