What to say to creditors

[timadous]

I am sure this has been asked and answered but my search hasn't turned up a reply.

I am in now in that period where I have started to to late on my card payments and am saving for the legal fees to go ch.7.

When the card companies call, what do I say? Do I push them off with a later date?
If I agree to a direct payment from an account where I know the payment will not be honored, is that like writing a bogus check?
Do I just tell them that I am going ch7 next month?

Is there anything really stupid that I might say that will land me in trouble?

[justbroke]

Do not promise to pay. Do not give them any post-dated checks. Be coy with them. Firmly and politely tell them that your finances are in bad shape at this time. Firmly and politely tell them that you don't expect it to change within the next 4-8 weeks. Never agree to anything. Never say things like "I know I owe this amount".

Always stick to the mantra... "my finances are not where they need to be right now. I won't know anything on my financial situation and it will not change in the next 4-8 weeks. Feel free to call, but I will tell you the same thing."

If they get nasty on the phone with you... just hang up. Never get into an argument with them on the phone about "refusing to pay". Always, politely go back to the mantra as your response to that question. Don't get angry yourself. Be professional.

(I actually just had a shouting match with a collector -- yesterday -- for a discharged debt and the agent REFUSED to take my bankruptcy information and told me they can collect and continue to collect. Screaming at me for $53.54. LOL I called back and actually got a Manager (not a supervisor) and informed them of the stay violation and that they will be receiving a letter and that any future calls will be met with a complaint to the bankruptcy court. I also informed the manager that I was already very successful at winning my last complaint, for a stay violation, to the tune of $3K. Hmmm... $53.54 as a loss, or $3K as a loss???)

[ccsjoe]

Absolutely agree with jb here timadous. You don't have to tell them why you're not paying or the nature of your financial distress. Just that you're currently experiencing financial problems and the foreseeable 4-8 week outlook does not see an immediate improvement.

[tobee43]

i'm seconding jb's approach! best advise you can take!

[tcreegan]

Hi timadous,

My approach was this:

"Right now I am having problems putting food on the table, I have huge medical bills and I am still sick, there is no way I can pay anything now"
"No, I can't even pay $20 (or 10 or whatever they want) right now. The earliest things are going to change is X day of Y month"
"I know it will (whatever the threat is), but I just can't do anything until X day of Y month"
"Contact me X day of Y month"

Repeat as necessary

X day Y month was my BK filing date

I was surprised at how well this works.

I agree with justbroke, never argue. If they got belligerent, I moved the phone a half a foot away and said loudly, "O my God!!" then hung up.

Justbroke also answered the question; what not to say.

Hope it goes well for you!

Tom in Colo

[tay666]

My answer was alway.
"I don't have any money to pay you. Feel free to try and garnish my food stamps though."

Then I would hang up on them.

[enuffznuff]

"feel free to try and garnish my food stamps though'

OMG I LOVE IT. I'm so going to use that.

[tay666]

"feel free to try and garnish my food stamps though'

OMG I LOVE IT. I'm so going to use that.

At that time, it was true too.
I was working full time, but still not making enough, so we were getting like $300 a month in food stamps.
What really sucked though, was that I made $50 too much a month to qualify for a medical card to help cover the $200+ a month I was laying out in co-pays for my wife's perscriptions and doctor's visits at the time.

[drowning123]

Just answer the phone and hang up immediately.

[ssmdem]

If you know you're filing in 30 days, seriously, just don't answer the phone. Save the headache!

[helpmeout]

I just ignored the calls. Of course, they could try calling other numbers to find you. So it is up to you if you want to go that route.

If you do decide to answer the calls, confirm who you are and that this is the number to reach you. And then talk about the weather, the game last night, the stock market, the war in Afghanistan. Anything but the reason they are calling. Or just tell them that you will not discuss financial matters with them and hang up.

I would not tell them anything about filing for bankruptcy until the legal fees are paid and your attorney has the signed petition ready to file.

[lfllffl]

Some attorneys will field your creditor's calls if you just pay a retainer of a few hundred dollars while you save up for the rest of your legal fees. That worked for me.

The phone rang, I said, "I'm going to have to refer you to my attorney, please call XX at XXX-XXX-XXXX"... the calls stopped..

[tobee43]

Just answer the phone and hang up immediately.

click...good one...was getting concerned drowning....where you been?? was going to pm u soon! glad to see you!

[tobee43]

Some attorneys will field your creditor's calls if you just pay a retainer of a few hundred dollars while you save up for the rest of your legal fees. That worked for me.

The phone rang, I said, "I'm going to have to refer you to my attorney, please call XX at XXX-XXX-XXXX"... the calls stopped..

yes, my atty was kind enough to say to have all calls forwarded to their office...however, they never even listen to atty's anymore! they even called on our behalf about one situation and they gave our atty's office a terrible time...so absolutely NOTHING stops them....we blocked calss...but we also moved out of state with no forwarding phone or address after being in one area over 40 years and one home address for over 33 years...they never did find us after that.