Check this out....

[mizg]

I defaulted on a loan and the collection department "Andy" kept calling me at work and I asked him to start. He asked me about why I have not paid and I told him to refer all of his questions to my lawyer and that I was in the process of filing chapter7. He said "YOU CAN'T DO THAT"!!! You signed documents stating that you would no go bankrupt. He also asked me if I took out a loan to pay the lawyer...again I said..."We are done with this conversation..He said....how about if I call your HR?

I do know that he got a verification of employment from my HR because he sent them an e-mail and copied me on the e-mail.

How long now until I get an court filing because I know he is starting the process? I was not planning to actually file until April but I have started the process but need to pay my lawyer in full before it happens...

Any thoughts?

[AngelinaCatHub]

I defaulted on a loan and the collection department "Andy" kept calling me at work and I asked him to start. He asked me about why I have not paid and I told him to refer all of his questions to my lawyer and that I was in the process of filing chapter7. He said "YOU CAN'T DO THAT"!!! You signed documents stating that you would no go bankrupt. He also asked me if I took out a loan to pay the lawyer...again I said..."We are done with this conversation..He said....how about if I call your HR?

I do know that he got a verification of employment from my HR because he sent them an e-mail and copied me on the e-mail.

How long now until I get an court filing because I know he is starting the process? I was not planning to actually file until April but I have started the process but need to pay my lawyer in full before it happens...

Any thoughts?

This Andy guy is breaking the law. Also he is threatening you to do you harm (HR threat to damage your job, reputation, etc.) Keep that email on your computer as it can be traced from his machine if he forwarded that. You could sue his company and he personally.

The demand "YOU CAN"T DO THAT" is a moot point. You can and will. If you get sued return the favor in a cross filing or take this to your States Attorney as it is a criminal action. Look up and send him a C & D letter. After you file, if he contacts you again in any way, again he breaks the law.

You asked "any thoughts?" Yes, the guy is full of stit. 'Hub

[buffetbuster]

He's trying to be a real hard a$$! You CAN file BK. Andy is breaking all sorts of laws. I know that once we decided to file and start the paperwork, we had a BK Case # the next business day (we filed on a Friday and had to wait till Monday).

Good luck to you! Keep us posted.

[OhioFiler]

You need to advise Andy you are not allowed to receive phone calls at work from collection agencies. You also need to send the cease and desist letter to his agency.

You are several months away from any action Andy's agency can take against you. First, they would need to file a lawsuit and you would have plenty of time to answer the suit and delay the suit by asking the court for additional time. At a minimum you probably have close to 4 months from the time they file a suit until they are able to garnish wages or bank accounts.

My sense is Andy's agency isn't considering filing a suit because the tactics he is using are anything but legal. Once a firm decides to file a lawsuit they stop harrassing you. They move you to another department, legal.

[keepmine]

Doesn't sound like this is a collection agency. The FDCPA applies only to 3rd party collectors. Not the orginal creditor.
If this is the case, kinda of hard to see what laws were broken.

[keepsmiling]

OK, stoopid question time for the lawyers.
IF one were to sign something promising not to BK....
could that hold up? ever?

and... if this guy Andy does work for a CA, you could have a nice violation against him and $ in your pocket. Just a thought.

[keepmine]

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Did you find this post helpful? Yes
OK, stoopid question time for the lawyers.
IF one were to sign something promising not to BK....
could that hold up? ever?

Not a lawyer but, think I can answer it.
You are required to list all of your creditors when you file bk. So, anything you signed along those lines would be at odds with the bk code and unenforceable.

[keepsmiling]

I assumed it would be unenforceable, but I wondered if there were ever any kind of exceptions.
Constitutional right and all that. Still curious tho.

[Nicollette]

Doesn't sound like this is a collection agency. The FDCPA applies only to 3rd party collectors. Not the orginal creditor.
If this is the case, kinda of hard to see what laws were broken.

I was wondering if "Andy" is the original creditor, or a collection agency also? Right before I filed, I was getting hounded from this guy named Bill from the collections dept of a payday loan company. I thought he was violating the FDCPA also, but my attorney informed me, that it doesn't apply to the original creditor(first party collections).

[bcohen]

I assumed it would be unenforceable, but I wondered if there were ever any kind of exceptions.
Constitutional right and all that. Still curious tho.

A contract asking you to sign away your right to file for bankruptcy is no more valid than a contract that says if you default on the debt, the creditor can seize your children and sell them as slaves. Federal law pre-empts the state law, which in this case is the enforceability of a contract. The debt collector is full of #$%^.

[mizg]

You made my freakin day bcohen......lol
Thank you all for answering...I cringe everytime my phone rings
Another question is....if I have an auto title loan from "Speedy Cash" and another $300.00 PDL from them and I default on the PDL, can they mess with my car? I am going to remain current on the title loan and pay extra to bring it down because there is no way out of it in bk.