Collections Calling @ Work

[more$moreProbs]

Most of the lawyers I have consulted with have advised me to stop paying my credit cards if I have seriously thought about filing. As much as it would help my situation, I am terrified of getting calls from collectors at my job. The phone number goes directly to an admin assistant and she forwards them to us accordingly.

To prepare for the situation, I have gone ahead and called my cc companies that had my current work number and updated it to my my cell phone number.

My question is, would they still have that saved and if I do get the phone calls, what should I do? What do I tell the admin assistant that gets these calls?

[epiphany]

Most of the lawyers I have consulted with have advised me to stop paying my credit cards if I have seriously thought about filing. As much as it would help my situation, I am terrified of getting calls from collectors at my job. The phone number goes directly to an admin assistant and she forwards them to us accordingly.

To prepare for the situation, I have gone ahead and called my cc companies that had my current work number and updated it to my my cell phone number.

My question is, would they still have that saved and if I do get the phone calls, what should I do? What do I tell the admin assistant that gets these calls?

Yes, they probably have it saved. You have just given them an additional number to reach you at. Others might disagree but I would never give a creditor my cell number. I made the mistake of calling citifinancial from my cell one day and they asked me if this was a secondary number. Even after I told them NO and I rarely even have the phone on (which is true...unlike the vast majority, I despise using my cell phone unless needed for an emergency or necessity), they continued to call and leave voicemails that I wouldn't get until days later. And this was WAY before I was ever deliquent with them.

You shouldn't have to tell your work anything. Even if the creditors call you at work, they are not allowed to state the purpose or leave anything other than their name (meaning name of the person who is calling) and number. The one caveat to this is that if they are asked directly if they are a collection agency, they can say yes.

Phone calls were very tough for me at first. What I did learn is that if you return the phone calls when they call your house, they will not call you at work. Or worse, call people you know. Most, but not all, only do that when they can't get a hold of you.

Also, since I have retained my attorney, I have been able to tell them flat out that I am filing and give them the attorney info. The ones I have given this info to have stopped calling. There are still a few that don't know and that I need to address.

I am not sure I would recommend this approach if you aren't going to be filing soon. It's draining I know, but you will get through it.

ep

[FreshLikeADaisy]

More$moreProbs, it occurred to me that one way to handle this would be to, while still current, go ahead and retain your bk attorney, and write each creditor a letter, certified return receipt requested, stating that you have retained this atty in regard to their specific debt and that any future contact with you must be directed toward your atty by mail. Send the letters and *then* you can (more or less) safely stop paying. You could have your atty write and send the letters; it's up to him and what he would charge, but that would be even more effective.

This is actually a strategy based more on FDCPA than bk, but basically what you are doing by sending such a letter while current is making it illegal for them to contact you directly, much less by phone... BEFORE they have reason to do so.

Be sure your letter includes that specific verbiage about retaining the atty "in regard to this debt"; that is straight out of the FDCPA. Because you are current, the FDCPA does not actually apply (it only applies to third-party collectors) but most original creditors adhere to it more or less anyway, so it's worth a shot. The certified, return receipt requested mail is VERY important: this way, you can easily prove that you contacted them and referred them to your atty.

You may choose to act differently, but that's what I would try if I were in your shoes. In the end, if you can't pay, you can't pay, and if Miss Nosy Admin gets a call for you there's really not a lot you can do about it. While collectors violate the FDCPA all the time, and original creditors can pretty much do what they like, bringing an atty into the mix usually has a calming effect on their actions, and I think that's your best bet.

If Miss Nosy Admin does get a call, you can simply say that a member of your family is having some problems, and leave it at that. Don't elaborate. Just, "A member of my family is having some difficulties; I apologize for any inconvenience," is quite enough. If she presses, you can put on a sad face and say, "I'd really rather not discuss it, if you don't mind," sigh, and walk away. If pressed further, "Well, it's just really hard for me to talk about that," sniffling a little, and then walking away quickly as if you were going to burst into tears usually does the trick.

If -- worst case scenario -- your boss resents you getting calls at work, simply say, "A member of my family is having some problems, and someone related to that situation has obtained this number. I have asked them not to call here, but they do anyway. There's really nothing I can do about it beyond requesting that it stop, which I have, but quite frankly if you want to ignore them or hang up on them or tell them I don't work here, that's fine with me too." Work or no work, job or no job, you don't have to answer questions about your personal life. But it's up to you to enforce your own privacy.

Good luck!!!

[more$moreProbs]

That is great advice Daisy! Thank you!

[justplaintired]

Your in the beginning of the nerve racking part of creditors calling. They will call, that is a given. But we found if we answered the calls at home they did not bother us at work. We started by not answering calls at home and that lead to calling at work, atleast that is what I think.

I will tell you once we started answering calls and keep in mind we had paid our attorney using our tax check, we forwarded all calls to him. This did stop the calls. So, if you can, have your attorney take your calls, that is assuming you have retained him/her.

I just wouldn't avoid calls at home, those creditors will find a way to speak with you and if you avoid them at home, they will try your other contact numbers, home, cell, the list goes on and on.

[more$moreProbs]

makes perfect sense justplain! thank you, i will definitely do that!

[treehugger1]

Check your state statutes (CA.) Some states go beyond the FDCPA and require that even original creditors cannot call you, if they have been informed that calls are inconvenient for you. If it is a while before you are able to file, then try to stay on top of this. If you are filing in a a short time from now, a simple BK case number and your attorney number should put a stop to the calls. Just my humble opinion.