refusal to pay

[dtimo]

I had made a promise to a creditor to pay a past due balance at a future date. I just called to rescind that payment. They said that i cold push that date out until 10/6 or be listed as "refusal to pay" and sent to collections.
I am not sure if I will have all my ducks in a row to declare Ch. 7 by then.
I don't want them to raid my checking account for any cash (needed for living) and go into overdraft.
Is this all moot?
Should I just formally "refuse to pay" and go into collections?
Is promising to pay from a checking account the same a writing a rubber check--ie criminal?

[ccsjoe]

You never refuse to pay, you state your inability to comply with previously made commitments due to unrelenting negative economic conditions, which may or may not change in the near future, at which time you will be certain to arrange for a mutually agreeable and satisfactory situation. Of course ,they are welcome to call you in the upcoming weeks to see if the negative macro-economic pressures are continuing to exert unrelenting pressures upon your economy, thus continuing a pessimistic outlook.

I find that using big words, even if not exactly properly used, makes them go away faster and agree to call you later.

[Freddy03]

Just a warning that if you already gave them your checking acct info over the phone they may still try and take the payment. It happened to me after I called them to change the payment date.

You might want to call your bank and place a stop payment or if they do take the payment fight it with your bank as unauthorized.

Good Luck!

[wnguyen]

Or if you could, just close the account and open a new one asap.

[dtimo]

A few follw up questions

"You never refuse to pay, you state your inability to comply with previously made commitments . . ."

They said that not setting a date would be considered a refusal to pay, as would calling to rescind the authority to debit the account on that day.

The creditor (card company) and bank are the same company.

Can I direct the bank not to allow the account go into overdraft and then empty the account?

If on the agreed date, there are no funds to be withdrawn, can they take funds deposited after that date?

If I manage to file before then, can they still take the payment?

[tcreegan]

Hi dtimo,

Close the acct.....plain and simple.

Call them and set a date about a month/week/day after you plan to file BK, worked for me.....

Tom in Colo