Okay, most of you know that we are waiting 6 months to file to lower our income. We stopped paying our bills 3 months ago when we retained our atty. First we were filing chapter 13 then decided on 7. We officially start our 6 months of me not working in October. Just got a call from Discover card today saying that our atty won't return their calls and that they need a case number or they will "find a way to get their money". Can they start any sort of legal action after 3 months of non payment? Can they make those threats when we have an atty on retainer? Yikes...our atty said that waiting 6+ months was no big deal and to just keep giving our creditors their number. Anyone have an insight on this?
-
-
-
They are pretty ruthless and yes they say a lot of things to try and get you to pay them money. Most of it is merely intended to scare you. I waited without using or paying cc debts for 6 months before filing. And I also had a Disco card. On the 3rd month, I changed my cell phone number and disconnected my landline phone. On the 5th month they got my cell number some kind of way so I just programmed my phone to not ring when the cc companies called. The letters threatend seisure of home, wages, right arm, left leg, etc., etc. A lot of good advice from this forum really helped me have a clean C7 case. And not paying or using cc for 6 mths really made me look good in front of the UST at the 341 meeting.
Two weeks after filing, all calls stopped.
I wouldn't really worry about them too much, unless you share a bank account with same cc (like having a BoA checking acct and cc acct), then they can drain your checking account. Also, before any court action happens, you should receive some type written court notice giving you a date to comply.6/11/08 - Filed Ch. 7, Filed Pro Se, No-Assets
7/15/08 - 341 Meeting Held
10/01/08 - Discharged
10/08/08 - Case officially Closed!!
Comment
-
Sure they can but they are probably blowing smoke at this point. Even if they aren't, if you are truly filing in October, they don't have enough time to get a judgment even if you do get served. First they would have to file, then serve you, then wait the allotted amount of time for you to answer. By answering you can seriously prolong the procedure if you need to.Just got a call from Discover card today saying that our atty won't return their calls and that they need a case number or they will "find a way to get their money". Can they start any sort of legal action after 3 months of non payment? Can they make those threats when we have an atty on retainer?
If your timeline for filing is correct, I wouldn't worry about it. You will hear various things from various creditors until you do file. Ride it out and appreciate it when it's over.
epComment
-
I think the OP was stating that her "6 month countdown" STARTS in Oct. I've read her previous posts and she's trying to do a ch 7 and pass the means test without her extra income...Originally posted by epiphany View Post
Berrymom,
Am I correct when I stated above that you won't be filing until (around) April? If that's the case, you'll have to deal with the credit card calls. Most will just take the info and you won't hear from them again, but it's the aggressive one's that repeately call and call. Just do what the other posters have suggested, turn off the ringer, give attorney info (and nothing else), etc. Hang in there, time will fly by....
Good Luck!May 2008 Hired 1st Attorney/Stopped paying CCs
May 21, 2009 Retained 2nd Attorney
May 28th - Filed for Ch 7 (FINALLY!)
9/11/09 - DISCHARGED!!!!
Comment
-
Even IF they tried to come after her, couldn't she do an emergency filing in that event?FILED!: August 11, 2008 * Pre-Filing Fico Score - 643 * 341: October 8, 2008 * Last Day for Objections: December 7, 2008
"Those who cannot remember the past are condemned to repeat it." -George SantayanaComment
-
I've read where the attorney can file in "emergency", but it has to be amending/finished within a certain time frame. I sure someone that knows more about this will come along soon. As for the judgements, it's very expensive for cc to go through that process and it would have to be worth it for them in assets like a good job, home ownership, etc. That's why I think Berrymom should just not answer the phone and/or give as little info as possible (since she's not filing right away).Originally posted by Pinkie86 View Post
May 2008 Hired 1st Attorney/Stopped paying CCs
May 21, 2009 Retained 2nd Attorney
May 28th - Filed for Ch 7 (FINALLY!)
9/11/09 - DISCHARGED!!!! Comment
-
Most of us have gone through this. I also had a Discover card and stopped paying it for several months, also changed my number and they were the first creditor to call me at the new number. They tracked me down and also were the first to write off the debt after I filed. I guess they are dealing with lots bk lately because the economy is so bad and they use scare tactics to try to get people to pay.
Don't let them scare you. Give them the atty.'s number and if they persist in calling you, try to deal with it, but if they get nasty, respond in kind and do what you have to in order to hold out until you guys can file. Don't let them get you all riled up, you have enough to deal with. Always keep in mind that you're filing anyway so just let their threats roll off of your back like water.Filed Chapter 7 (Primarily Business Expenses) 04/10/2008 FICO 468 :cry:
341 on 05/06/08:unsure:House appraisal on day 63:blink: 07/10/2008 Discharged-Asset Case!!!:yahoo:08/09 Transu 559, Equifax 636, Experian 647
Case Closed 07/15/2009 :D:yahoo:Comment
-
Originally posted by liz417 View Post
oops, my bad.
I'm glad that you took the course in reading comprehension. I was sick that day.
epComment
-
Hee, heeOriginally posted by epiphany View Postoops, my bad.
I'm glad that you took the course in reading comprehension. I was sick that day.
ep
May 2008 Hired 1st Attorney/Stopped paying CCs
May 21, 2009 Retained 2nd Attorney
May 28th - Filed for Ch 7 (FINALLY!)
9/11/09 - DISCHARGED!!!! Comment
Comment