What to tell creditors?

[zolake]

Hi, this is my first post. This forum has been very helpful to me during this bankruptcy process. I retained my lawyer this morning and forgot to ask about the harassing collection calls. Does anyone know if I direct them to my lawyers office when they call? Will they stop calling me after that? Do I tell them i'm in the process of filing bankruptcy? I tried my lawyers office but they haven't got back to me yet.

Thanks for any info.

[frogger]

You give them your case number when you file. Till then, talk is cheap.

[zolake]

Yeah, I just heard from my lawyer. They can continue to call until my case if filed. They are harassing me big time, even at work. This is the first time i've been late in 15 years.

[keepinitreal]

Call or email your attorney and ask him if you have his permission to give your creditors his name and phone number when they call you.

At the very least, send a letter to any creditor who calls you at work and tell them that you are not allowed to take personal phone calls at work and that they should "cease and desist" phoning you at work.

Good luck!

[doudis2]

Hello,

The at work thing...that one is simple. Just tell them that your are not permitted to receive personal calls at work. I'm not an expert, but I'm pretty sure they must stop calling you there then. I had AMEX call my work one time. I told them this and they never called back.

As for home, I am cell only now and it is on vibrate. It gives me little thrills and chills all day Turning a negative into a positive.

BTW - I have been waiting 4 months to file and that AMEX call is the only one I took. Thank God next week I file then I will answer and read the letter my attorney gave me to them. It says I have filed BKT, here is my case #, please direct all future inquiries to "lawyers name and PH#"

Good Luck

[nceguyfromne]

From my own experience...

Zolake, now that you have retained your attorney, simply inform your creditors as each one calls that you have a "fully-retained" attorney and your bankruptcy filing is forthcoming. Provide them your attorney's contact information and ask them to stop calling. The "fully-retained" part is very important because this is what the creditor needs to hear to take you seriously. Many, if not most creditors and collection agencies will consider you to be "in bankruptcy" even if you haven't technically filed yet, and will lose all interest in you as soon as they know you have officially retained an attorney. Reason being: they know they are are wasting their time, effort and money trying to contact or sue someone who is almost certain to be on their way to court in a short time and is just going to discharge any accounts or judgments against them anyway. After all, who puts down money for an attorney and then walks away? Further, once you notify a creditor you have legal representation, it becomes illegal for them to continue contacting you.

Good luck.

[SMinGA]

When you've retained the atty, its generally ok to give them his name/#. Some will stop calling, or at least call less often. But they are allowed to call until you actually file & have a case #.

I agree about the work thing... Ask them never to call you there again. I did that with several, never had an argument.

[Jackdog]

My attorney just told me to refer them to him. It didn't stop the calls. I'm only in the I have him but he's not paid in full phase yet. It's the original creditors calling me so I imagine once they call him and get no case number they go right back to calling me. I've gotten pretty used to ignoring the phone. Talking to them is a waste of time. They just want a checking account number nothing else.

[Overmihead]

Going into our 4th month of not paying on CCs, and we haven't taken a single call. They want money. We don't have any. What is the point of talking to them? They're not going to decide I sound like a nice person just down on my luck and stop calling or trying to collect. We have retained an attorney now, so I could answer the phone and pass along his name and #, but we will be filed within the next week or two, and then they will all be notified anyway, so I don't think I'll bother with it.

[zolake]

Thanks for the replies. Very helpful.

[nmarlowe]

Before I was even late, but knew that I was heading that direction, I did exactly what we're told to do. I started calling my creditors and telling them that although not late yet, I was going to be in the next month or 2. I explained that my wife lost her job, was in and out of the hospital and all of that. After being asked "what do you want us to do about it?" the third time, I quit calling. It made me really angry that for the first time in my life I was trying to play by their rules and it got me nowhere. When they did start calling, I explained my situation again, and they did not care (which I didn't really expect anyway). If I was not willing to give them a checking account number, then it was just threats. So finally, I quit answering the phone.

Once I retained the lawyer, I still didn't answer the phone. Once filed, they stopped and I started sleeping again. Basically, I felt the same as Overmihead. Anyway, just wanted to share my experience.

[freeatlast98]

Filing Pro Se-What do I tell creditors

What do I tell creditors that keep calling? I'm filing Pro Se in the next 60 days or so and can't afford an attorney. I'm not sure I should just be upfront with them and tell them I intend to file. My contact number is for my business that forwards to my cell. I can then see the 800 #s or out of state numbers and ignore them. Can I just tell them to quit calling me because this is my business phone? Can't wait tell this is over!!

[keepinitreal]

What do I tell creditors that keep calling? I'm filing Pro Se in the next 60 days or so and can't afford an attorney. I'm not sure I should just be upfront with them and tell them I intend to file. My contact number is for my business that forwards to my cell. I can then see the 800 #s or out of state numbers and ignore them. Can I just tell them to quit calling me because this is my business phone? Can't wait tell this is over!!

Continue to ignore the phone calls. The creditors have one way to get money out of you and that is to talk to you until you give them money. Even after you file, it's fine to ignore the calls til they stop. If you don't talk to them, you can't say anything you'll regret later.

[btbeme]

My new favorite pastime - take the call, ask what their best offer is for settlement, then (wait for it...wait for it...) ASK THEM FOR IT IN WRITING!


AaaaaHAHAHAHAHAHA!

The collection agencies are called that, I think, because they have the best collection of BS stories, wiseass answers, and one-liner comebacks ever assembles in a single cesspool. I simply ask them to put their request in writing and enjoy the deranged, fulmic, and sometimes curse-laden discussion that follows.

And THEN i give them my case number.

[JackBondLove]

Going into our 4th month of not paying on CCs, and we haven't taken a single call. They want money. We don't have any. What is the point of talking to them? They're not going to decide I sound like a nice person just down on my luck and stop calling or trying to collect. We have retained an attorney now, so I could answer the phone and pass along his name and #, but we will be filed within the next week or two, and then they will all be notified anyway, so I don't think I'll bother with it.

I would take the calls once a month. I would say that I had a consultation with an attorney, was planning to go through BK counseling, consider all my options, and then decide on whether to pay back everyone or to just file Chapter 7. Of course, they would also ask me questions about my income and whether I could make a payment, etc., and I would respond that in my estimation, I did not have the cash flow that would allow me to prudently make all of my debt payments, and that I had been advised by that attorney that because of the possible repercussions of making a payment to a preferred creditor, that I should refrain from making any payments at that time. I felt that it allowed me to keep the creditors at bay (5 months of no payments at the time of filing!) and not sue me, as I still had substantial money in a bank account (that was used to purchase my house right before the BK filing.) It seemed that AMEX and their Bollywood cast especially looked to be getting ready to sue, so I had to keep taking their calls to buy time.