I stopped paying chiti in october 2010 (last payment) and I'm starting to get calls, I have retained an attorney and I am filing BK C7 in july of 2011... They have been calling me non-stop for the last 2-weeks and yesterday I finally answered and they said the normal stuff, I advised her that I have retained and attorney and all further question or concerns can be addressed to them (giving there name and contact information). She kept asking me are you filing bankruptcy about 10 times and I continued to politely advise her that all further questions or concerns can be made to my attorney. After about 10 times of me saying this, she said I can't contact your attorney until you tell me you are filing bankruptcy, I politely again advised her to contact my attorney for any further questions or concerns. She then stated well you have a nice day and the calls will continue due to you not telling me that you are filing bankruptcy and I told her have a nice day as well and you know were to reach me.... My question is to I have to tell them I'm filing bankruptcy or me telling them what I was telling them sufficient? My attorney advised me when I first met with him to provide there information and they never said to tell them I filing bankruptcy... Any insight on this one????
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They can continue to call you up until the point that you file. Just hang up. Or, let their calls go to voice mail. Since you are over 6 months away from filing you're going to have to make this as easy on yourself as possible..don't talk to them.Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.
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You can tell them what ever you want but the fact of the matter is they can call and call and call until you file. Just the fact that you retained an attorney doesn't mean anything.Chapter 7 filed December 11, 2009, 341 Meeting held on January 7, 2010
Deadline to File a Complaint: March 8, 2010
Discharged and Closed March 11, 2010
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Appreciate the feedback and I do understand that they can call me whenever they want but my question is do I have to tell them I'm filing bankruptcy and she claimed that she wanted to know if I'm filing bankruptcy..... I told her that I have retained an attorney and u can contact them for any further issues or concerns... she told me we will contact you until you tell us your filing bankruptcy and I was just trying to find out if that's common practice
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They may be trying to 'bait' you and trap you into answering 'yes'. Calls are recorded, and your statements can be edited into anything that the creditor wants to use against you. Old zombie debts for which the SOL (Statute of Limitations) is about to expire, are notorious for this, as your one word of 'yes' can be used to reset the clock.
If you answer the phone, tell them that you have retained the attorney and the contact information is such and such, and then hang up. Say nothing else.
We had our attorney's cards taped to every phone in the house."To go bravely forward is to invite a miracle."
"Worry is the darkroom where negatives are formed."
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Don't answer the phone, program your creditors with a silent or different ring tone. Don't give away your strategy until you are ready to file. You can even tell them you want to work on a different payment plan. They may transfer you to a different department, then they will slow down on the calls for about a week.
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Citi is a big pain in the a$$. They were relentless and sent me from collection agency to collection agency. I love NCO BTW. The last collection agency was also a local law firm. I gave them the contact info for my attorney and let them know that I would be filing BK. Several weeks later I was served by them. This was roughly 9 months after I stopped paying.
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Hi all, Hi Jay,
They can't call anytime they want, they have limits on what they can do....it's called the Fair Debt Collection Practices Act or FDCPA Search online and you can find their limits and how you can get them to comply. Amazing to me how many people report collection agencies flagrantly violating FDCPA....
Hang in there!
Tom in ColoCh7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010
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