calls to friends or family members

[Shalynn]

I have another question. Sorry. How likely are creditors to call your family or friends? Honestly, I do not remember what names I gave the credit card companies when I opened the accounts. I'm sure it was probably my sister, or a close friend though. Someone that probably already knows I'm filing anyway. I just don't want them to be bothered.

Do they only contact them if they cannot reach you? Do most creditors do this? I'm thinking about talking to each of my creditors one time, telling them I'm filing, and giving them my lawyers name. If they do call someone else they aren't allowed to say why they are calling are they?

As I said in my previous post, I'm just now starting this whole process. And, up until a week or so ago, I never made a late payment. Of course, I was doing a juggling act.

I'm filing because I have a chronic illness, and am unable to work. I'm sure many are in the same boat. I want to know how to make this as stress free (although I know that isn't entirely possible) as possible. As stress usually causes my symptoms to flare up.

Thanks again.

[CPO]

I use an answering machine with a recorded announcment that states my full name.

If I get automated calls that actually state that they are a collection agency and are collecting a debt (possible FDCPA violation), I temporarily erase my greeting so I can get a "blank" greeting on recorded tape...

I occasionally answer my phone when collectors call, as I gather evidence to use in lawsuits. I always confirm my identity once I've established they are collectors looking for me. But I never tell them anything else.

This has prevented calls to anybody other than myself. I had one call at work(Citibank) early on, and I nicely asked them to call me at home, gave them my number, asked them to leave a message if I'm not there and directed them to not call me at work.

Then I sent them a cease letter (certified, return receipt) incorporating Texas law (which regulates any collector) to stop calling my work, as they are not regulated by the FDCPA as an original creditor. Worked.

The point is, they call others when they cannot find you. If you want to prevent calls to other people, then establish contact so they can annotate the accounts with good contact information. Don't hide from them.

Then, you can send a "cease & desist" letter, debt validation letter etc. if you choose.

If they return the account to the original creditor as uncollectable due to the "cease & desist" letter, sell the account to other collectors, etc the good contact info goes with it.

Once in a while, answer the phone. Give them a small nibble to chew on, just don't tell them anything you don't want them using against you.

Regards,

CPO

[Shalynn]

CPO,

Thanks again for the all of the information. I have the default greeting on my answering machine, and I will change it now.

Also, I am going to have contact with each one of them one time to give them my lawyers name and number (and case number, or whatever it's called, when I get it).

Thanks again.

[Liaah]

I have a message on my voice mail that states my full name and yet one of my creditors called my neices inlaws??? Go figure. They asked for her, then when they said she wasn't there they said they were trying to reach me. This creditor has my cell number and my home number. Why they called them is beyond me. Yes, I have talked to them before and told them we are filing BK, so I have no idea what they want. They called me once since and I wasn't home. Haven't called back yet. So as for how likely it might be that they call your friends and family. It is highly possible.

[leftyf]

They will call, and call, and call.

I haven't paid anyone in about 3 months. As Peter said, "I never really liked paying bills anyway." Our voicemail is constantly full...Discover seems to harass you the most. I think we've even outsourced most of our collections to India now. Most of the voicemails include some music, then a guy named "Tony" (aka Rajiv) saying my name several times "Lefty, Hello Lefty? Lefty, are you there?" I also get the calls at work...mostly sound like chain-smoking bimbos who are having their time of the month or are pre-menopausal barking into my voicemail to call them back immediately at this number...blah, blah, blah. Occasionally some will even say thank you. It is distracting, but then again, this whole thing is distracting. I have two lawyer meetings this week, so hopefully I find one I like. The bad news is I think I will have to go 13...my boss indicated I may be getting a substantial raise soon and I am already over the median. I would like to pay back my debts, really, but I'd rather do a 7 and get it over with. With the kind of luck I have, I will get half way through a 13 and get fired and be forced to convert to a 7 anyways...sorry for the whining. And Godspeed.
Leftyf

[CATCHMEIFYOUCAN]

LeftyF .. I dont know how long you've been at your job and what kind of money you make .. but is there anyway possible way you could go for a lesser paying job just to keep you under the median, so that you can go for a chapter 7? I was working 2 full time jobs, the extra job put me over my states median so I had to file for ch13, but couple months into the plan it only made sense to quit one job and convert to ch7. Why spend the next 5 years working all my hard earned money to pay back the creditors, when I could just quit one job OR find a job making less for a couple of months and be done away with them. It was a bit tight for me, but I had a couple lucky streaks while I was down one income and less money. Now I'm free and clear and feel like I have a new life.

Best of Luck, CMIYC

[leftyf]

Catchme, I've been at the company about 20 years and make around $80K/year with family of 5. I could probably downgrade my job and perhaps leave the company, but it's not my first choice...I have been weighing the paycut vs. paying on the 13, but I'm not sure what my 13 payment will be yet. First meeting with lawyer on Saturday. I don't have money left over at month-end and I don't live too lavishly, so not sure what to do.
Thanks.
Lefty

[CATCHMEIFYOUCAN]

Hmmm, that is a tough choice as you have mouths to feed! And the years you have with that company is quiet a long time, I'm sure you would have a nice pension in place?

YES, I'm sorry to hear that you are faced with a big decision (as I mentioned, I didn't know at the time what your situation was like).

Gosh I made it sound so easy because I don't have mouths to feed, am single, with no assets. I feel spoiled. Well, I wish you the best of luck whatever you decide!

Best Wishes, CMIYC

[Granny]

.

Gosh I made it sound so easy because I don't have mouths to feed, am single, with no assets. I feel spoiled.
Best Wishes, CMIYC

Do you have to rub it in? (Just teasing)

[AreSoonParted]

RE: Calls to friends and family

Don't stress yet... If you've been current up until a few weeks ago you're probably a long way (several months) from getting that type of call. Our credit/bill situation was somewhat similar. I was current until I ran out of money.
I burned thru tax refunds, bonus checks, and a 401k loan just to keep the household on an even keel. Then when the money ran out, I stopped paying the unsecured creditors.... here's a brief timeline.

11/06 Stopped using CC's (except for $500 on Christmas)

4/07 Ran out of money, stopped paying unsecured creditors. Mostly the cc's sent "reminder" notices about being late, avoiding a bad mark on my credit report, etc.... No phone calls for first 4 weeks after I stopped paying.

5/07 Retained lawyer. Phone calls started. For a few weeks I let the answering maching take my calls. After that I told them that I had retained a lawyer, gave the lawyer's name and phone number and that's it... If they pressed for info, like what chapter I planned to file, I would just ask them to talk to my atty.

6/07 Filed chapter 7. Within a week all calls/letters stopped.!!!

7/07 341 hearing, went well and I'm now in the 60day club.

In short, if you're going to file, and you were current until a few weeks ago, I wouldn't spend the energy worrying about friends/family getting called.

Good luck, get a good lawyer and you'll be ok.