My situation...?s about collection tactics??

[lalap123]

Hi all,
I am about 30-60 days late on all 7 of my credit card bills and am planning to file BK in about 90 days (after large payment to my husband's credit card falls off). I've been answering the collection calls about every other day, telling them that I'm planning on cashing in a pension fund shortly, that I don't have the money right now, just trying to buy some time. I was actually going to use the pension fund money to catch up on all of them to at least just 30 days past due, but now am thinking with the late fees and over-limit amounts that it will be impossible plus not a wise use of my money since I need it for the rest of my atty fees.

Bottom line, what is all of your experiences with how soon:

a) they will take legal action and
b) will they contact others even if I am answering the phone?

Would they dare call neighbors or other family members so soon, even if I am answering their calls every other day and telling them that I am unemployed which is why I can't pay right now? Plus do they actually harass them or just call them once to verify my whereabouts??

I have pretty exceptional account standing with all of them. Should I ask for a payment plan and if so will they ask for my expenses/income in writing? I was thinking if I told them that I could pay each $100 a month, then get through the next month, that would only put me 60 days out at my time of filing.

My cards are with:

Chase/FIA card services/BankOne around $16,000
Citicards around $8000
American Express around $9500
Washington Mutual around $1500
Discover around $9500
Bank of America around $16,000
Capital One around $7500

Any one of these stand out as particularly quicker to sue or go behind your back than the others??


Lastly, has anyone had any luck after you retain an atty by giving them the atty name and number (even if you don't have a BK case number yet)? My atty says that I can do that, but I'm wondering if they will really be happy without a case number and if so for how long.

[catleg]

Do you have Verizon for your local phone service? I use call intercept which costs $6 a month and I get virtually no calls, I can block up to 25 numbers. Discover has tried calling my work number a few times but it just rings into a voice mail box and then I get the message in an email. I work at home and it really is an unacceptable distraction answering the phone for these people.
I can post my list of 25 to give you a head start. I have all the same creditors for the most part although I'm current with Amex. I don't think you have to worry about getting sued yet, even if they did, they won't be able to collect before you file. Any money you pay between now and then is just like feeding it into a shredder.

Oh, and you definitely do not want to be paying them with pension money. That is exempt in almost every scenario..I cannot think of an exception.

[BigJohn]

Hi all,
I am about 30-60 days late on all 7 of my credit card bills and am planning to file BK in about 90 days (after large payment to my husband's credit card falls off). I've been answering the collection calls about every other day, telling them that I'm planning on cashing in a pension fund shortly, that I don't have the money right now, just trying to buy some time. I was actually going to use the pension fund money to catch up on all of them to at least just 30 days past due, but now am thinking with the late fees and over-limit amounts that it will be impossible plus not a wise use of my money since I need it for the rest of my atty fees.

Bottom line, what is all of your experiences with how soon:

a) they will take legal action and
b) will they contact others even if I am answering the phone?

Would they dare call neighbors or other family members so soon, even if I am answering their calls every other day and telling them that I am unemployed which is why I can't pay right now? Plus do they actually harass them or just call them once to verify my whereabouts??

I have pretty exceptional account standing with all of them. Should I ask for a payment plan and if so will they ask for my expenses/income in writing? I was thinking if I told them that I could pay each $100 a month, then get through the next month, that would only put me 60 days out at my time of filing.

My cards are with:

Chase/FIA card services/BankOne around $16,000
Citicards around $8000
American Express around $9500
Washington Mutual around $1500
Discover around $9500
Bank of America around $16,000
Capital One around $7500

Any one of these stand out as particularly quicker to sue or go behind your back than the others??


Lastly, has anyone had any luck after you retain an atty by giving them the atty name and number (even if you don't have a BK case number yet)? My atty says that I can do that, but I'm wondering if they will really be happy without a case number and if so for how long.

Are you filing seperately?

What State are you in?



I would first line up an attorney.
As for talking to these people, being you have already started talking to them, it is hard to stop. Being they know about your retirement fund, I would try holding them by saying some lame excuse such as
"I can't withdraw the funds till June 15th, please work with me".

[treehugger1]

Well..., there is no way to know for sure.

For local finance companies (state finance companies, credit unions, etc) and national companies that have a local branch (American General, CitiFin, etc) if the amount was under our small claims limits ($7500 in my state,) they went for the blood after 90 - 120 days.

In terms of the big ones that you mentioned, Citi, Crap1, etc, they waited until after the 180 day chargeoff period before they even bothered to send accounts to CA's. I kept speaking with them and worked out a few arrangements with some. When they asked "what happened," I told them I didn't make enough money to pay everyone. I shared nothing else. There is an exception to this. The only time I have spoken with CA's is to tell them to send me something in writing as required under the FDCPA 5-day rule. All of them complied and I sent off DV requests and cease and desist telephone communication requests. In general, I did not speak to CA's after I spoke with them the first time.

The local folks sued me in small claims (I encouraged it,) but I have no suits pending from any others at this time. Some of these accounts I defaulted on close to 20 months ago. Keep in mind that I exercised my rights through the FDCPA at every step. Like you, I have a defaulted WAMU account (large overdraft) and it has now been through several collection agencies. All of the CA's are 2500 - 3000 miles away from me.

If you have a pension account, the last thing you want to do is cash it in to pay creditors/CA's in this economy. Your pension plan is protected under BK and most states' laws. If you are bankrupt, then live with it. Your credit is probably already shot.

There are posts on this forum that suggest Chase and AMEX can move quickly to suit. It is hard to say why this might have occurred. My philosophy was to keep communication open with your creditors. Once they send the accounts to CA's it's a different ballgame.

[lalap123]

Thank you so much

For all of you personal advice. Unfortunately I've already cashed in the pension fund, but part of it will go to atty fees. I understand the tax consequences of course but felt like I needed to do it to buy myself some time. I've already told them that the money will come through in Feb...I thought I'd be able to file by March but now my situatoin is complicated w/ the large preferential payment

I'll just keep talking to them...someone even suggested to me to call them once a week to give an update. Maybe they'll make an exception for me since I've been such a good customer for so long LOL

By the way, would a creditor take quick legal action if I told them that I had retained an atty and am in the process of filing BK? At least until they had the case number they wouldn't be violating the automatic stay... This is what has kept me from even mentioning the BK word

[sassiebaz]

For all of you personal advice. Unfortunately I've already cashed in the pension fund, but part of it will go to atty fees. I understand the tax consequences of course but felt like I needed to do it to buy myself some time. I've already told them that the money will come through in Feb...I thought I'd be able to file by March but now my situatoin is complicated w/ the large preferential payment

I'll just keep talking to them...someone even suggested to me to call them once a week to give an update. Maybe they'll make an exception for me since I've been such a good customer for so long LOL

By the way, would a creditor take quick legal action if I told them that I had retained an atty and am in the process of filing BK? At least until they had the case number they wouldn't be violating the automatic stay... This is what has kept me from even mentioning the BK word

I asked my attorney the same thing. He said just the opposite would occur. why would creditors pay to sue you in court, to get a judgement when you are going to file BK anyways and they won't get a dime! Funny thing is I am only getting letters now, as I turned off the home phone. I plan to retain this attorney in the next few weeks and then I will personally call everyone myself. Some accounts haven't been paid in over six months. Just recently I started receiving CA letter's. My credit union hasn't even sent me a letter about repo'ing the vehicle and we are going on 3 months behind. They tend to move quickly. Although I cannot say for sure, but I think with alot of these companies having financial problems themselves, it's costing more money to come after us, then they are wanting to spend. Doesn't mean they won't, just may be taking longer with so many defaults happening right now! Im no expert, just my take on things......

[Trixie007]

Just because they know about the pension money, it doesn't mean you have to give any of it to them! It really makes no sense to keep giving them money since you are filing so quickly. Our attorney said even if we get served he can stall a lawsuit for a year...

[optimistic1]

If you are filing 90 days, and your only 30-60 days late, I wouldn't even waste a single second of your life worrying about it. Go out and have dinner and a drink, and enjoy a movie, and know that when you file, everything is going to be back on track, and you will be happier because of it.

[eddiep]

I haven't paid any of my in 5 months, I have retained an attorney but have not yet filed. I called every one of my creditors two weeks ago to inform them of my intention to file and gave them my lawyer's name and number. Last night a CA for Chase called my brother and sister-in-law and actually told them how much we owed them. I called them tonight and freaked out on them! they did a random search for my phone number using my name and address and they got my sister in laws name and phone number. So yeah they are not supposed to do it but they did and now my family has this information. NICE!

[lalap123]

Can't you sue them?

They are prohibited by law from telling anyone that kind of info (anyone but yourself obviously) aren't they? I would ask your atty what you can do about that.

Had you not been answering their calls? I've heard that if you stay in contact w/ them they won't go nosing around to neighbors or family. But I'm sure that's not always the case. I'm so sorry that happened!

[eddiep]

I told my lawyer about it, he wants their name and phone number. I will give that to him tomorrow.
I have not been in contact with Chase since I gave them my attorney's name and number. What else can I tell them?

[amjo30]

chase calling and telling your relatives how much you owe is a violation of the fair debt collections act. You need to report them. I reported CitiFinancial because there representative called my husband's cell and our home phone using his personal cell phone. He also, did not identify why he was calling or from what company. He then hung up as I asked him to state who he was. This is a clear violation. Also, have been told in the past by a rep that they were going to garnish, and reposses our belongings and come to our jobs. This is another violation because the account hadn't went to collections and company hasn't filed for any judgements. I logged onto the federal trade commission website. you can submit you complaint there. www.ftc.gov

[eddiep]

Thank you so much for the info and link! I am definately going to report them right now! That was so humiliating.

[eddiep]

I just filed my complaint

[Bell30656]

Once you've paid the attorney a retainer, I'd be referring all calls to him/her. That is after all one of the jobs you pay them for.