Got first call after not paying Discover ...

[brennan]

and I'm sort of freaking out! We have great credit scores and payment history, but are filing (Ch. 7) due to a significant loss of income over the last couple of years (and our savings has run out).

We're not planning on filing til Nov 1 so that's what I told the Discover loan folks, and they asked for our atty's name and number and if he was "fully retained" (he is -- we paid his fee a couple of weeks ago). Then she confirmed our address so now I'm convinced they're gonna sue us and garnish dh's pay before we can file!

Has this happened to anyone or am I just freaking out over nothing? We've never been in this position before (not paying bills), but it's on the advice of our attorney ... argh! I hope we're doing the right thing!

[frogger]

Chill............

Nothing happens until it happens. While most of us would not have told them anything, you already have, but don't worry. You only have about 3 months until you file, so if they do sue you, it won't really matter in the end.

Good luck, stay calm, and have a cold one this weekend. Don't sweat the little stuff, because most all of it is little in the grand scheme of things.......

[brennan]

Chill............

Nothing happens until it happens. While most of us would not have told them anything, you already have, but don't worry. You only have about 3 months until you file, so if they do sue you, it won't really matter in the end.

Good luck, stay calm, and have a cold one this weekend. Don't sweat the little stuff, because most all of it is little in the grand scheme of things.......

OK, that makes me feel a bit better. We changed our number to a Google Voice number, but either I forgot to do it with Discover or they retained our previous one somewhere. Anyway, you said that most would not have told them anything ... what should I have said? Or are you saying I simply shouldn't have picked up?

Thanks!

[jeep75]

I ignored them all until we filed, then I started answering 3 weeks after we filed asking why they were still calling and giving them attorney info and case number.

We changed our number to google voice too, but still some called our other numbers anyway, there are some listed on our credit report.

[oc714]

OK, that makes me feel a bit better. We changed our number to a Google Voice number, but either I forgot to do it with Discover or they retained our previous one somewhere. Anyway, you said that most would not have told them anything ... what should I have said? Or are you saying I simply shouldn't have picked up?

Thanks!

I personally never told them we filed. I let them call me non stop and never really answered the phone but maybe once or twice a month. I just told them I couldn't pay at this moment.

[sunshinepa]

I also only ever spoke to one from 8/10 until I filed in April. Hopefully, they will just call you attorney, he will tell them there is nothing and that will be the end of it. It will take a bit if they decide to sue as Frogger stated. He's right, chill until you hear they are going to do something, doubtful.

[brennan]

OK, thanks! That helps a lot! We also emailed our attorney to let him know and he said not to fret. If they do file suit, he says we can probably work out a small payment plan to tide them over til we file in November.

[pikaroth]

I, and most others here, know full well what it is like to miss that first payment and then eventually get that first call. As soon as I retained my attorney, I answered my phone and spoke to someone from each of my cards. I only advised them that I was filing bankruptcy and then gave them the name and number of my attorney - they never called back and, oddly, were polite (though I have heard horror stories!). It was a few months between that and filing, and I never once got any additional paperwork or lawsuits or garnishments are ANYTHING from them. In my experience, once they know you have an attorney and are filing, it seems they 'accept' that and move on. I know full well others will probably disagree, but that was my experience and seems to be many others, too. Like you, I had a Discover card with quite a balance on it, but I spoke to them once, gave them the info, and that was that.

I wish and hope for the best for you, and I KNOW the stress. Trust me, and everyone else, it is worth it in the end.

[Drazil65]

Those first missed payments last month were very hard for us as well not to mention the first phone messages. We set up google voice before we missed our first payments and we have been letting the the voice mail pick up the messages ever since. Its been 30 days plus since we started missing payments (started with our 2nd mortgage on our rental property so we could get into a short sale process easier)and have not talked to anyone yet. We made sure we were clearly identified on google voice mail so hopefully they will not go hunting around for us (calling other people mostly) as we are not filing until late Oct/early Nov. We never missed a payment in our lives BUT that is the reason we are where we are at this point (robbing peter to pay paul thing). Its hard but its also the reality of our lives right now.

[tmkats]

Those first missed payments last month were very hard for us as well not to mention the first phone messages. We set up google voice before we missed our first payments and we have been letting the the voice mail pick up the messages ever since. Its been 30 days plus since we started missing payments (started with our 2nd mortgage on our rental property so we could get into a short sale process easier)and have not talked to anyone yet. We made sure we were clearly identified on google voice mail so hopefully they will not go hunting around for us (calling other people mostly) as we are not filing until late Oct/early Nov. We never missed a payment in our lives BUT that is the reason we are where we are at this point (robbing peter to pay paul thing). Its hard but its also the reality of our lives right now.

You guys sound exactly like my situation. Don't worry. I have Discover also (card and personal loan and probably owe them about 12K combined). Gave them the name and number of my attorney and haven't heard from them since. Assuming you have a good attorney, he will do all the work. That is what he is paid for. I just had my first 30 day in a long time and it stung at first and I saw the score drop, but I could care less now. It is what it is and it will improve.

[helpmeout]

For future reference, when other creditors call, don't answer the phone. You will get a lot of calls, Discover would call my home number and then immediately call my cell when I didn't answer.

When you are two weeks away from filing, then answer the phones and tell them.

[tmkats]

For future reference, when other creditors call, don't answer the phone. You will get a lot of calls, Discover would call my home number and then immediately call my cell when I didn't answer.

When you are two weeks away from filing, then answer the phones and tell them.

I was told by my attorney to answer the phone, tell them I was filing and then give them his name and number and he would take care of the rest, FWIW.

[brennan]

I, and most others here, know full well what it is like to miss that first payment and then eventually get that first call. As soon as I retained my attorney, I answered my phone and spoke to someone from each of my cards. I only advised them that I was filing bankruptcy and then gave them the name and number of my attorney - they never called back and, oddly, were polite (though I have heard horror stories!). It was a few months between that and filing, and I never once got any additional paperwork or lawsuits or garnishments are ANYTHING from them. In my experience, once they know you have an attorney and are filing, it seems they 'accept' that and move on. I know full well others will probably disagree, but that was my experience and seems to be many others, too. Like you, I had a Discover card with quite a balance on it, but I spoke to them once, gave them the info, and that was that.

I wish and hope for the best for you, and I KNOW the stress. Trust me, and everyone else, it is worth it in the end.

Thank you for sharing your experience! That is very reassuring and makes me feel a lot better!

Those first missed payments last month were very hard for us as well not to mention the first phone messages. We set up google voice before we missed our first payments and we have been letting the the voice mail pick up the messages ever since. Its been 30 days plus since we started missing payments (started with our 2nd mortgage on our rental property so we could get into a short sale process easier)and have not talked to anyone yet. We made sure we were clearly identified on google voice mail so hopefully they will not go hunting around for us (calling other people mostly) as we are not filing until late Oct/early Nov. We never missed a payment in our lives BUT that is the reason we are where we are at this point (robbing peter to pay paul thing). Its hard but its also the reality of our lives right now.

That's what my husband keeps saying ... "it is what it is and we're doing the best to handle it". It's actually a strange relief to be functioning completely on cash and not having to pull money out of our savings anymore (since it's all gone!). I can't explain it, but I'm sure lots of people here have felt the same thing.

You guys sound exactly like my situation. Don't worry. I have Discover also (card and personal loan and probably owe them about 12K combined). Gave them the name and number of my attorney and haven't heard from them since. Assuming you have a good attorney, he will do all the work. That is what he is paid for. I just had my first 30 day in a long time and it stung at first and I saw the score drop, but I could care less now. It is what it is and it will improve.

I was told by my attorney to answer the phone, tell them I was filing and then give them his name and number and he would take care of the rest, FWIW.

Yes, that's what our attorney said, too. We chose him on a recommendation from a friend/former boss of my husband (and obviously after meeting with him, too) and he really seems to be on top of things. I've worked for attorneys in the past so I know a bit about how some of them operate, and feel like we found a good one.

[oregonpilot]

brennan..it sounds like you are in good hands. Good luck to you. We are all here for you.

[helpmeout]

I was told by my attorney to answer the phone, tell them I was filing and then give them his name and number and he would take care of the rest, FWIW.

My attorney said the same thing. I ignored him. Telling them too early gives them a chance to take you to court before you file, especially if you are months away from filing. If you don't answer and don't tell them, they will try normal collections methods first, which gives you more time.

Your attorney is clearly aware that they can take you to court as he is willing to negotiate a payment plan to hold them off. Something that you wouldn't have to do if you didn't tell them too early.