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Should car company keep calling me after I have filed?

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    Should car company keep calling me after I have filed?

    Filed for BK on 6/11 and my last missed payment for my car was 6/1. I am not keeping the car but they keep calling my cell phone leaving messages that I need to call them about my missed payment. It's Wachovia, and I thought the calls would stop when I filed. I do realize there would be a lag time when they are notified but it's going onto 2 weeks now. I am only one payment missed for this month.

    #2
    Next time they call give them your case number and tell them they're in violation of the BK code.
    Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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      #3
      Originally posted by pookieny View Post
      Filed for BK on 6/11 and my last missed payment for my car was 6/1. I am not keeping the car but they keep calling my cell phone leaving messages that I need to call them about my missed payment. It's Wachovia, and I thought the calls would stop when I filed. I do realize there would be a lag time when they are notified but it's going onto 2 weeks now. I am only one payment missed for this month.
      I just had this happen last week. We filed on Tuesday, GMAC called on Friday demanding to repo the vehicle, and when my husband gave her the docket number she said she didn't have to adhere to the stay until she received it in writing (this is of course not true) and then continued to bully and abuse as we tried to get her to tell us where to take the car to surrender it. After she kept saying that we had stolen the car (wtf?) my husband hung up on her. They called his cell non stop for the rest of the day, but he didn't pick up.

      We didn't hear a peep all weekend, then on Monday they filed an order to lift the stay.

      So no, they can't call you, but they probably will. Just keep giving them the docket number and no other information until they stop.

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        #4
        Why do people put up with this nonsense? I don't see the difficulty in changing one's phone #. I've done it so many times, it's not even funny. I usually have a new phone # every 6 to 12 months. When you change your number, just tell all of your friends and family the new number. Then you won't have to deal with these harassing calls. Or get a Google Voice number and simply block the calls if they annoy you. I do it all the time. It's been working great for years.

        Since I usually sleep late, I have zero tolerance for someone who wakes me up at the crack of dawn to talk about money. So I simply log into www.google.com/voice and click on the person's message. There's a button you click with a drop-down box and you click "BLOCK" and then when the person calls back, they will get a message that your phone is disconnected but when other people call, it will ring right through.

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          #5
          There are plenty of things that could have prevented them from interpreting or even receiving the notice.

          They simply don't know. They are a big company with plenty of accounts to go after, so if you simply talk to them, and quit ducking calls..........since you have a stay now.......they will quit bothering you. They have bigger fish to fry.

          What you need to do is clearly communicate that you have filed and give them a case number. Then give them your attorney's information and tell them that if they have any more questions about your BK or the debt, they can contact your attorney. At that point, they have "officially been noticed" and they are no longer allowed to proactively pursue the debt directly against you.
          I do not provide legal advice. All I do here is give my two cents as an opinion and at least share some of the facts that I know. Attorneys can provide legal advice, so go ask them or hire one.

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            #6
            Originally posted by CH33 Paralegal View Post
            What you need to do is clearly communicate that you have filed and give them a case number. Then give them your attorney's information and tell them that if they have any more questions about your BK or the debt, they can contact your attorney. At that point, they have "officially been noticed" and they are no longer allowed to proactively pursue the debt directly against you.
            I always clearly communicated in WRITING. I bought a couple books of stamps and then I mailed out everything in writing giving my lawyer's name and number telling them to stop contacting me and to go through my lawyer.

            Most of them never bugged me after the letters. Every once in a while a new collection agency will call my Google Voice number. They will start off with, "How would you like to handle this? We can get this fixed today." I'd reply with, "Oh, I already did. I am filing chapter 7." You could hear the tone in their voice change to be the same as when you hear the sound of somebody finding out a close relative just died. They know "lawyer" + "chapter 7" = "GAME OVER" - do not pass go. Do not collect $200 dollars.

            They just paid money to an original creditor all for nothing... SUCKERS!

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              #7
              They must have gotten the paperwork, their last call was 6/23.

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