What Do I Tell The Credit Card People?

[maxwellv8670]

I went to a free consultation meeting today with a lawyer. Right now I am leaning towards Chapter 7 BK. I am suppose to go back in March with all my information I guess to start trying to file. In the meantime back at the bat cave I have credit card people calling me left and right. I have been stalling and I know not to tell them about the BK but exactly what do I tell them until I actually get it started?

[Redfish]

Have you considered paying a small retainer fee to the attorney and forward the creditor calls to him? Even though you won't file until March, it might make your phone quiet down.

[flyinbroke]

My first atty wanted a 400 dollar retainer for a CH7, which ultimately I did not qualify for. While he cannot file a 7 without the entire PIF amount, he would take the creditor calls beforehand. Check with yours to see whether he will work the phones on retainer.

[uncrunner]

I talked to a BK Atty yesterday and they say they don't take retainers.

[Dannmcg357]

This is tuff because they don't want to hear anything except that you’re going to make a payment. They don't care about you, your family, and your problems the war in Afghanistan, global warming or world peace. So what to tell them doesn't matter if you’re not going to pay anymore. Avoidance is a better strategy. Is it possible to get a new phone number? That works best. Or just tell them "The check is in the mail" and hang up.

[OhioFiler]

It's not that difficult to deal with the collectors if you have the right mindset. Realize they are simply doing everything they can to squeeze money out of you. Your objective should be to squeeze as much of their collection time as you can from them without giving them a penny. Make it a game!

[chassm]

It's gonna be tough for someone going through this to make a game of dealing with collectors. You need to keep looking for the right attorney, not all of them are this way, to most of them you're just another file and want to get paid immediately. Doesn't matter where you live there are bankruptcy attorneys all over your town. File with one you feel comfortable with.

[BrokeOR]

I second and third the advice-find an attorney you feel comfortable with, retain them for a small fee (mine charged $200) and start dispatching the good news.

My attorney gave me a number for my creditors to call. When I began answering the phone again, I simply listened to their query (usually "Can you pay this amount today?") and then told them that I had retained an attorney to help me with the intent of filing bankruptcy. I only had one who questioned me further, and I just said that they'd have to talk to my attorney. That was back in January. I will not be filing until August. The calls have stopped, and I have relief. I may start getting them again, if they get impatient and think their stay period is up. At that point, I will be near filing and will just refer them all again. Good system, and it allows my attorney to prepare the very best filing for me.

[OhioFiler]

It's gonna be tough for someone going through this to make a game of dealing with collectors. You need to keep looking for the right attorney, not all of them are this way, to most of them you're just another file and want to get paid immediately. Doesn't matter where you live there are bankruptcy attorneys all over your town. File with one you feel comfortable with.

That's really an issue of outlook and understanding the process. The collectors can't do anything to you. They have zero power in the equation. Until a debt is actually in the judicial system these clowns only have the power you choose to allow them to have.

Once one understands the collector has no power it becomes very easy to make a game of it which is much less stressful than worrying oneself senseless for no real reason.

It is the volume of calls that makes it preferable to forward the collectors onto the attorney. If one has not the means to retain an attorney it is very wise to play the game from a position of control.

[mtbc]

You just have to instruct them in writing not to pester you on the telephone for payment and they're legally obliged to stop or you can sue them for money. Then you can get more time to talk to a few attorney to find one that's best for you.

[OhioFiler]

You just have to instruct them in writing not to pester you on the telephone for payment and they're legally obliged to stop or you can sue them for money. Then you can get more time to talk to a few attorney to find one that's best for you.

This is not true for the original creditor. The FDCPA applies to collectors other than the OC.

[mtbc]

Argh, yes, thank you for the correction. A lot of our debt was old enough that we never heard from the original creditors anyway so I'd forgotten that rather major detail! (Medical debt in particular, the original creditor never called us at all I think.)

[StartingOver08]

Some states have very strong consumer laws that mirror the FDCPA and apply to the OC. In particular Texas and Wisconsin have very strong pro consumer statutes. Look up your state's statutes to see if there is anything you can use, like the cease communication letter, to get the phone to stop ringing. Of course, you can always do as suggested in the collections forum: don't answer the call, let it go to voice mail. As OhioFiler points out, you are the one with the control.

[flyinbroke]

This is not true for the original creditor. The FDCPA applies to collectors other than the OC.

This depends on state laws too. In Texas, the state rules (which are harsher than the federal laws) apply to the OC too.

[aljohnson007]

For me, not answering the phone and letting it go to the answering machine was the best solution. I set it to go after the first ring so it wasn't that annoying. When I received a demand in writing, I responded with a denial and asked for a validation plus a demand that all future transactions be conducted in writing and they were not to contact me by phone. It worked out very well.