Told me they can't honor my request for cease communication.

[DarcyJ]

Is that allowed? It is USAA Federal Savings Bank which only accepts members who are active duty or retired military and their dependents. The wrote me a letter telling me they received my request but cannot honor it as they have an obligation to their other members to collect on my debt. I cannot figure out why they are paying someone to call me 10 times a day when they aren't going to get a penny from me. I told them in the letter I will notify them when I have any available funds. Oh, ftr, I have not filed yet but am meeting my attorney tomorrow to pay my retainer fee and get the process started.

[HHM]

Strictly speaking, if this entity is your direct creditor (i.e. the ones that loaned you the money), they are not required to cease contact.

[DarcyJ]

I could not find where it states that in the FTC laws for fair debt collection. So, I only get to ask them to stop calling after it is turned over to 3rd party collections?

[endisnear]

From what I've read on this forum, you can only C&D collection agencies, 3rd parties, not original creditors. But I'd say if you going to be retaining your lawyer soon, either A: send the calls his way, as that should be part of the agreement or B: just ignore 'em until you file, and then tell them that you've done so

[magyar123]

And a note of caution/warning: If you have any checking/savings accounts with them change banks ASAP.

[DarcyJ]

Thanks for the advice!!

[DoinItRight]

What happens if you have a checking or savings account with a bank that issued your credit card that was included in your BK?

[Bell30656]

How's this for leaving a loophole... it seems that banks and other financial institutions can pretty much do whatever they want. The FDCPA doesn't apply to them. So when they call me, I talk about the weather... ask them how are the kids, etc. But just completely ignore all questions about the debt. I told one lady she seemed really nice but how did she get into such a horrible profession. She spent a couple of minutes telling me her story. You know, under other circumstances we could have been friends.

[goingcrazy]

What happens if you have a checking or savings account with a bank that issued your credit card that was included in your BK?

What happens is that you might get to wave goodbye to any money in those accounts. Close those accounts asap.

[Intoodeep80]

and a note of caution/warning: If you have any checking/savings accounts with them change banks asap.

+1!

[bboy]

I learned the HARD way!

I have a BOFA credit line i haven't been paying and had 1500 sitting in my account...

Woke up one day and it was all gone but like $5.34.

Is there a list of things to do if you are heading the BK route? Like a simple list of things to do and prep for? $1500 lessons for me.

[StartingOver08]

Yes, here is a simple list that is NOT inclusive of everything: Read the stickies at the top of the forums for your particular chapter, 7 or 13 to get an idea of which direction you are headed toward.

Don't keep your funds in a bank or CU where you also owe money on any other type of debt because of the right of offset and/or cross collateralization.

Don't do any more balance transfers for at least 70 days prior to filing - and much longer if you have been transferring large amounts. This includes cash advances. The more time you can put between your BT's and CA's and the actual filing date, the better for your BK outcome.

Don't charge any more to your credit cards - for a min of 90 days before filing.

Don't buy any luxury item - luxury is defined as $600 or more.

Don't pay on anything you are letting go in the bankruptcy. This is a strategy that involves a little planning.

Don't pay insiders or make preferencial payments.

Don't do asset transfers prior to filing for at least a year and maybe two years.

Interview several attorney's - most initial consults are free. Choose wisely.

Keep coming here to ask questions. Read the forums - search. Good Luck