Should I just answer the phone?

[lookingforward]

I had a CA calling random people with the same last name as ours. We did business with one of the people that they left a message with on their machine saying they would sue us and they called to ask us to please ask the CA to stop calling them. I had another post about this, but here's the update. I called my lawyer's office asking them what to do, they called the CA. I then got a letter a few days later stating that, "you told us that you were in bankruptcy proceedings, and we have suspended collection action. Please have your lawyer send us a letter confirming that you are in the process of filing bankruptcy within the next two weeks. If we do not receive this letter within the next two weeks, we will resume collection of this account."

What I'm wondering is, should I just answer the phone and tell them all that I have a lawyer and will be filing within a few weeks? I get about 100 calls between the cell and the business. I have noticed a drop in the calls from just that one CA.

If I just tell them I'm filing in the next couple of weeks will they stop?

I can't wait for it to all be over.

Watching those awful CEOs from the bailout banks last night made me sick.
Knowing that they put all that money in their pockets makes me so angry.
When will I get my bailout?

[TooMuchCredit]

Some will stop, some won't. Most of mine stopped once I told them I was filing BK. Gave them the lawyers name and number.

I have 1 original creditor that refuses to stop though. They call every day, sometimes more than once and say until I give them a case number they will continue. They have called family members too even after I have been answering their calls at my house.

[catleg]

Which lovely OC would this be? Perhaps they can be the focus of some "special attention" from the rest of us.

[optimistic1]

I would inform of the attorney and that you are filing, my thoughts on this are that to try and sue you in court is a big fat waste of time. Others may disagree, but common sense tells me why waste their time and money filing. You can probably only hold them off so long with that excuse though.

When my OC's get sent to CA's, and they call and try to threaten and sue, I will tell them, "let me know when you are filing the complaint, so I can file my petition within the next month"

Im sure that will stop them cold, because I will do it, all I have to do is call my lawyer and say, I want to file now.

Im trying to see what is going to occur with the median income situation, and my household size is due to increase, in the hopes I can setup a 36 month plan.

[catleg]

Again, you have to step back and call it for what it is.

Telephone collection efforts are a legal form of harassment in an attempt to get you to send money.

The one and only reason to answer a phone for an OC is to permit them to "locate" you to stop them from harassing any other suspected contacts they might have for you.

So if they're not going to play by that rule you might as well not talk to them at all.

Might be worth sending a Cease and Desist letter, they aren't obligated to respect it but they might. You could change your number, or sign up for call intercept service and block calls from their number.

An alternative would be to keep a whistle handy next to the phone. :-)

[OhioFiler]

Again, you have to step back and call it for what it is.

Telephone collection efforts are a legal form of harassment in an attempt to get you to send money.

The one and only reason to answer a phone for an OC is to permit them to "locate" you to stop them from harassing any other suspected contacts they might have for you.

So if they're not going to play by that rule you might as well not talk to them at all.

Might be worth sending a Cease and Desist letter, they aren't obligated to respect it but they might. You could change your number, or sign up for call intercept service and block calls from their number.

An alternative would be to keep a whistle handy next to the phone. :-)

I've seen you list this punitive action before and frankly, I like it! I do wonder if one could end up in any trouble (i.e. assault) if the other person chooses to pursue it.

[optimistic1]

They would probably just give up and start the litigation process rather than call you anymore.

[catleg]

I honestly don't know how refusing to answer the phone or messing with the phone collectors affects the process.

However, I think the whole economics of the collection process is at a major crossroads.

The big gun in their arsenal was getting a judgement against the equity in your home. That is now a toothless threat. You're probably underwater on your house and can't sell it or borrow against it to pay the cards off anyway.

So that leaves wage garnishment which most likely forces the debtor into bankruptcy as its own side effect.

Their huge error with BAPCA was not trying to figure out a way to go after retirement money. Cause that's the only thing left.

So litigation is not the solution that it would seem to be, in fact, it's more likely to represent throwing good money after bad.

These banks are really screwed, I don't think the realization of how this is going to play out for card delinquincies has hit the mainsteam yet.

Those bankers scrambled hard for that TARP money to pay their bonuses, their business model with respect to consumers has been completely nuked and it isn't coming back.

You have to wonder how long until the JDB's realize this and cut back on the price they're willing to pay for "fresh meat".

[optimistic1]

Youre right, but upon checking the local small claims court website and searching party names like Chase, and BofA, and CITI, there are hundreds of recent complaint filings. So even though that is clearly the case, they are not just stopping litigation because it represents a dead end.

[browneyes]

So how long could the "I am filing soon" response be used? I think we need to wait a few more months, and I don't want to get sued before then. It's a gamble anyway...

[catleg]

Youre right, but upon checking the local small claims court website and searching party names like Chase, and BofA, and CITI, there are hundreds of recent complaint filings. So even though that is clearly the case, they are not just stopping litigation because it represents a dead end.

I decided to take a look for myself. In NJ I'm not sure about small claims, but they have access to Special Civil Part of Superior Court which has streamlined procedures for claims up to $15k. I don't see a lot of Chase and Citi stuff, but I do see a bunch of Capital One cases. Looks like for cases filed back in June and July of '08, they're now filing something called Motion to Enforce Litigant's Rights. So in other words even after they file suit, they're still trying to get money some 6 or 7 months later.

Here is one of the law firms Crap One uses in NJ: Pressler and Pressler

and here is another one Goldman and Warshaw

[optimistic1]

If you think you are waiting a few more months, meaning like two or three, and you havent been sued yet, then even if they did sue like today, it would be two or three months before they could even serve your employer for garnishment. The whole process of suing and then actually garnishing can take some time. HHM posted a sticky on this topic, I suggest you read it to help you. Link below

http://www.bkforum.com/showthread.php?t=20104

[optimistic1]

I decided to take a look for myself. In NJ I'm not sure about small claims, but they have access to Special Civil Part of Superior Court which has streamlined procedures for claims up to $15k. I don't see a lot of Chase and Citi stuff, but I do see a bunch of Capital One cases. Looks like for cases filed back in June and July of '08, they're now filing something called Motion to Enforce Litigant's Rights. So in other words even after they file suit, they're still trying to get money some 6 or 7 months later.

Here is one of the law firms Crap One uses in NJ: Pressler and Pressler

and here is another one Goldman and Warshaw

Get a load of all the cases for searching under Chase in my local district.

http://www.superiorcourt.maricopa.gov/docket/JusticeCourtCases/caseSearchResults.asp?lastName=&FirstName=&bName=chase

You have to click on the case # to see when the complaint was filed, some are recent, some aren't.

[browneyes]

Thanks for the info. That's a great thread.

[catleg]

Get a load of all the cases for searching under Chase in my local district.

http://www.superiorcourt.maricopa.gov/docket/JusticeCourtCases/caseSearchResults.asp?lastName=&FirstName=&bName=chase

You have to click on the case # to see when the complaint was filed, some are recent, some aren't.

Are these justice courts like small claims? Some of the judgements are fairly high, like I saw one over $8000. Over here small claims is under $3000.

The other reason why they probably don't want to "rush to judgement" is that the post judgement interest rate here is 4%. So I imagine they might try and run the clock as long as they can at the crazy 29.99% APR (usury here is 30%) before they file suit.
(correction: the post judgement rate is 2% higher above 15k)