What do I HAVE to tell the CAs when they call?

[footballfan]

We filed Ch 7 12/31.

Started answering the phone today (well, DH did while home today and I have answered 2 this evening).

One call is a CA calling on behalf of OC. Rep asks for me by first name, I say yes, this is me. She asks, do you reside at XXXXX address?

I ask, where are you calling from? She insists she needs to verify my address before she can share any info with me.

I say, no, I don't need to verfiy my address. Where are you calling from.

She gives me CA name. I ask, on behalf of whom?

Again, she tells me I must verify my address because I could be one of many Jane Doe's (except she used my name) out there.

I say, well, how about I just give you my case number and attny's name and number and you can call him to verify.

Oh, well, she can't take that info until she's sure I am who I am supposed to be.

Well, I say, you called xxx-xxx-xxxx and asked for Jane Doe. I confirmed I'm Jane Doe, and are you aware that you are violating the automatic stay of my Ch 7 bk protection?

She tells me she's unable to violate it if she can't confirm who I am. Then she disconnected the call.

Am I completely off-base here? Must I verify my address with a CA? I figure, since they already sent me a dunning letter, they must have a pretty good idea who I am, where I live, and what my number is.

Verifying my address really isn't a big deal, but I figured once I offered case # and attny info, that's all I need to say.

What sayeth thee?

Thanks for any and all responses, even if it's to tell me I'm a knucklehead and just fess up the address info already!!

[NoMoreCards]

I would have handled it exactly the same way. No way would i provide a caller with my address.

[mountanddo]

There really is no reason to talk to them at all or even confirm they have the right person. If they call again, just hang up. You filed and don't have to answer those questions anymore. I doubt she'll call back if you gave her your case # and attorney's name.

[AngelinaCat]

Refer them to your attorney if you have one. If you are pro se, give them your case number, if you have filed. Otherwise, inform them that they are in violation of the Fair Debt Collection Practices Act, and they are NOT to call you or anyone else around you. They are to contact you by snail mail ONLY. Then hang up. Do not answer any other phone calls. I hope you have a phone system with caller ID, though many of these collections calls come in "masked" so your caller ID won't pick them up.

Other members have suggested getting Google Voice. I have not used it so cannot tell you how it works, but those that have it are very satisfied.

ETA: the link for the Fair Debt Collection Practices Act: http://www.ftc.gov/bcp/edu/pubs/cons...edit/cre27.pdf

[buffetbuster]

Exactly...just give them the name of your attorney or case # if you are Pro Se. You really don't need to talk to them, but hanging up on them, will have their automatic dialer keep calling you. It's annoying, but trust me...it will end. We don't have a home phone, just cell phones so what we did was just program the # to go right to Voice Mail.

[btbeme]

What to tell them? Simple...

- Your case number and the county it was filed in
- A request that any further contact be by postal mail
- A reminder that any future violations of Fait Credit Debt Collection Practices will be pursued, and that you consider the notification you just gave them as adequate notice.
- The simple phrase "I am making a record of the time and date you called, as well as what we discussed, and will be making that available to my attorney."
- The phrase "Thank you and goodbye."

You will get about half way through before they either try to shout you down, or disconnect. Either way, mission accomplished.

Sidenote: For as badly as we could use the income, I'd never take the job these poor souls have. I once had a collector try to empathize with my pre-BK situation, telling me that he made "pretty good money" trying to keep people like me out of trouble by finding ways to help me pay my debts and maybe I should look into it myself as a job. I must say that I appreciated his unique approach before I gave him the rest of the above spiel.

[footballfan]

Thank you all for confirming what I believed all along -- all I need to provide is case #, attorney name & phone number.

If they choose not to take it, that's on them.

I did write down her name, phone #, date & time of call. We hadn't been answering calls for months, but decided now with a case # we'd take a few just to get the ringing to stop sooner.

It kinda felt like a "who's this....no, who's this......I'm not going to tell you who I am until you tell me who you are....." game.

I don't have time for that.

Thanks all for the support. 341 scheduled for end of January.