Beware of collectors handing out bkr advice. In recent days, I talked to 2 collectors--one because he had harassed my mother to the point of tears, the other to get info to send a "cease and desist" letter. When I mentioned that I intended to file for ch. 7 pro se in Feb. or March, they were full of "advice".
The first one, a classic bully with CPC, laughed and mocked me. Told me there was no way I could get a bankruptcy. That the bkr was "very, very complicated" and I would be better off just taking the 80% offer he was giving me. I informed him that even if I couldn't get a BKR, the worst thing that could happen was either a switch to CH. 13, or I would go into credit counseling. He said that no, the worst thing that could happen was "a judge could order you to pay your bills." "Bully" then informed me that his client would have me in court before I could file bankruptcy. In fact, he said they could have me into court within a week. I told him that was impossible--while they might be able to file and get me served within a week, they could not possibly get a court date in January. And even if they did, I could file for a monthlong extension in Illinois. By the time that extention expired, I would be filed.
At this point in time, I informed him that he had probably violated the FDCPA about 3 times in 15 minutes (mocking me, refusing to give his name, then refusing to spell it for me) and if he harassed my mother again, I would file a complaint with the FTC. I then turned the call over to my best friend.
My bud is an expirienced collections agent. He knows the FDCPA inside and out. Plus, a recent industry newsletter listed him as one of the top skip tracers in the profession. He is also an ex-Marine. He does not intimidate. He listed off the potential violations of the law the collections agent had made, then asked for his manager. Chewed on him for a while.
Now, it gets good: my friend took the name of the collections agency, and within 15 minutes had tracked down the home phone number of the company's owner. Explained the situation with him, and informed him that I was considering not only an FTC complaint, but an out-and-out lawsuit. I got the company head's sincere apologies, and his pledge that he would listen to the tapes of the conversations first thing in the morning. If there were any third-party violations, the agent and possibly the manager would be fired.
With the second collection agent, I informed her of my desire for a cease and desist, and that I intend to file bankruptcy. She then "informed" me that since I had 2 accounts current I could not file. One of those accounts is a student loan, the other is a medical account with a cosigner who is making the payments (the very fact that I am the main name on that account was a paperwork mistake). I told her that accounts that a debtor intended to reaffirm, the debtor has a codebtor on, or could not be wiped out in bkr, should and in some cases must be paid until the automatic stay kicks in. I then hung up.
The first one, a classic bully with CPC, laughed and mocked me. Told me there was no way I could get a bankruptcy. That the bkr was "very, very complicated" and I would be better off just taking the 80% offer he was giving me. I informed him that even if I couldn't get a BKR, the worst thing that could happen was either a switch to CH. 13, or I would go into credit counseling. He said that no, the worst thing that could happen was "a judge could order you to pay your bills." "Bully" then informed me that his client would have me in court before I could file bankruptcy. In fact, he said they could have me into court within a week. I told him that was impossible--while they might be able to file and get me served within a week, they could not possibly get a court date in January. And even if they did, I could file for a monthlong extension in Illinois. By the time that extention expired, I would be filed.
At this point in time, I informed him that he had probably violated the FDCPA about 3 times in 15 minutes (mocking me, refusing to give his name, then refusing to spell it for me) and if he harassed my mother again, I would file a complaint with the FTC. I then turned the call over to my best friend.
My bud is an expirienced collections agent. He knows the FDCPA inside and out. Plus, a recent industry newsletter listed him as one of the top skip tracers in the profession. He is also an ex-Marine. He does not intimidate. He listed off the potential violations of the law the collections agent had made, then asked for his manager. Chewed on him for a while.
Now, it gets good: my friend took the name of the collections agency, and within 15 minutes had tracked down the home phone number of the company's owner. Explained the situation with him, and informed him that I was considering not only an FTC complaint, but an out-and-out lawsuit. I got the company head's sincere apologies, and his pledge that he would listen to the tapes of the conversations first thing in the morning. If there were any third-party violations, the agent and possibly the manager would be fired.
With the second collection agent, I informed her of my desire for a cease and desist, and that I intend to file bankruptcy. She then "informed" me that since I had 2 accounts current I could not file. One of those accounts is a student loan, the other is a medical account with a cosigner who is making the payments (the very fact that I am the main name on that account was a paperwork mistake). I told her that accounts that a debtor intended to reaffirm, the debtor has a codebtor on, or could not be wiped out in bkr, should and in some cases must be paid until the automatic stay kicks in. I then hung up.
Bankruptcy Wizard
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