What do I say to the early calls?

[phigment]

I have started getting calls from a few CCs and loans that I have had to stop paying. What should I be saying to the reps calling me? I have no problem saying that I have had a loss of income and I can't pay at this point but I don't want to accelerate any collection processes. I also do not want to lie and/or promise payment over and over. I'd really like to hear how to responsibly handle the wave of calls I imagine I'll be getting in the coming weeks.

I am pretty sure we'll be retaining an attorney and starting the CH7 paperwork next month but will not file until June due to income I had in December so I need a solution for the next three months that stops the phone from ringing off the hook.

[optimistic1]

If you are filing in June, put that money to work, and tell them you hired an attorney, give them the name and phone number, and hang up on them, dont give them any more information, not a thing.

Once, they hear you say your filing a BK, they will stop calling you, they will put your account in a stack of others on the back burner.

[cyn5]

I was wondering the exact same thing...I sort of feel like if I tell them we are filing and give them the name of our attorney, that they will try to push along a judgement or something.

Also, do they really call your lawyer? We are meeting with ours next week after doing a phone consult last week and I am 99.9% sure we will go with him, but I don't want to say "here's my lawyer's name" when we haven't officially signed everything. UGH! Some days the calls are really bad...I don't answer the phone, it is just irritating...I just want them to stop calling!!!

[Tbornetun]

Don't hand out the lawyers name until after you have met with them and retained their office.

Once they find out you are filing, they will not waste their time and money to push for a judgment because they won't be getting paid on it anyway.

Step #1 Retain an attorney
Step #2 Give the info to the creditors

They will call the attorney's office to check to see if you are telling the truth. They will then check back in with the attorney about once a month to check the status and see if they have a case number yet.

Most of the time, our clients phones become very silent once they have retained us. Some creditors still choose to call you until they have a case number, but most don't.

[cyn5]

Perfect...thanks Tbornetun

[BigJohn]

You might want to reconsider if you should answer the phone.

[JustOverBroke]

DW and I have started getting calls from Citi,Captiol One,and Chase just started yesterday.

I tell them the truth that I am losing my job in April and can not pay them at this time.

I agree to nothing and make no promises I can't keep when there trying to help me set up a repayment plan chapter 7 is in my future I'm just trying to hold out until September.

They all have been pretty nice to me so far(but I'm sure that will change soon) except capitol One who won't speak to me because it is my DW's card.

She has to talk to them to tell them to talk to me,she works for an airline and gets her butt chewed out enough so I won't let her take any of there abuse.

But the calling won't stop until there's a stay in place I just turned off my ringer on all my phones and when I feel like talking to them I answer if I don't then I won't I just let them talk to the answering machine.

Personally I'm not afraid of them they can't get blood from a turnup,if they sue I file chapter 7 and I stop them dead in they're tracks.

My skin is thick I don't think they can hurt me anymore then they have.

[Bell30656]

Usually, I agree with Big John but in my experience, I have found that not answering the phone is a bad choice. First, if you don't answer the phone some of the collection agencies will call multiple times per day. Second, they may start calling your work number. Third, they may start calling friends/relatives in an "attempt to locate." What I did before filing was answer the phone and simply confirm that I was the party they were seeking but at this time I was unwilling to discuss my current financial situation and/or my intentions as I was currently exploring all options available.

If they continue to ask questions, then you tell them that you record all telephone calls and have nothing else to say about the matter. Bid them farewell and hang up.

This accomplishes a confirmation they have reached the right party and stops them from being able to call others to attempt to locate you but still gives them no information. They will try and ask if you are filing bankruptcy. Stick to your line that you are exploring all options and for them to have a nice day.

[SobStory]

I have just paid the retainer to the attorney. Do I tell the creditors ONLY that I have retained an atty & to call the atty's office? Or do I give the extra info that I have retained the atty to file BK? Hate to be so stupid but glad to find this thread.

[phigment]

Well the calls are starting to trickle in. I have a prepared statement that I have been making (it's also the truth) essentially saying we have had a significant loss of income and are currently unable to make the payment they are calling about. Most of the reps are sympathetic and say they will note the account but that I will automatically be called again in 7-10 days. So far this arrangement is fine for the 4-5 cards I am behind on but we'll see what happens over time. I did have one less than pleasant Home Depot (Citibank) rep call me the day after another rep had noted my account as detailed previously. I politely inquired about why they were calling the day after I stated my situation (I am only 30 days overdue at the moment) and he told me to expect them to call me daily until the account was brought current. I asked if he saw the notes from the conversation a day earlier and he said he could. I then asked him if the reason I cannot pay is because I literally don't have the money but am taking their calls what good was it to call me daily if the situation has not changed? He just restated that I was late and that the calls would continue daily. We ended the call and I just hoped to get a more reasonable rep when they called the next day. I have not gotten a call from them in about five days so maybe he was wrong. Today is the 90 day countdown until we can file (large one time income in December needs to drop off for means test) so I am sure things will get worse before they get better.

[walkthaplank]

Well the calls are starting to trickle in. I have a prepared statement that I have been making (it's also the truth) essentially saying we have had a significant loss of income and are currently unable to make the payment they are calling about. Most of the reps are sympathetic and say they will note the account but that I will automatically be called again in 7-10 days. So far this arrangement is fine for the 4-5 cards I am behind on but we'll see what happens over time. I did have one less than pleasant Home Depot (Citibank) rep call me the day after another rep had noted my account as detailed previously. I politely inquired about why they were calling the day after I stated my situation (I am only 30 days overdue at the moment) and he told me to expect them to call me daily until the account was brought current. I asked if he saw the notes from the conversation a day earlier and he said he could. I then asked him if the reason I cannot pay is because I literally don't have the money but am taking their calls what good was it to call me daily if the situation has not changed? He just restated that I was late and that the calls would continue daily. We ended the call and I just hoped to get a more reasonable rep when they called the next day. I have not gotten a call from them in about five days so maybe he was wrong. Today is the 90 day countdown until we can file (large one time income in December needs to drop off for means test) so I am sure things will get worse before they get better.

The rep doesn't have a say as to whether or not they call. The machine just dials numbers and it pops up on his screen. Reasonable doesn't come in to play.

I have found that the original creditors I have had to deal with, Citi, Chase, BofA will just continuously call the home number of record whether or not you speak to them, but nobody else. One of my Citi accounts went to a very nasty collection agency who called my employer and my elderly mother in law (that I may actually see once every 1 1/2 years) before I had any notification they had the account. I sent them a C&D and the account has been sent to an attorney in my state.

When it went to the CA is when I decided that I was going to need to file BK. I'm just waiting on my tax return so I can pay a lawyer, we see 2 this week.

[phigment]

How long was the time from when you stopped paying Citi until it went to collections?

[GoingDown]

I was wondering the exact same thing...I sort of feel like if I tell them we are filing and give them the name of our attorney, that they will try to push along a judgement or something.

Also, do they really call your lawyer? We are meeting with ours next week after doing a phone consult last week and I am 99.9% sure we will go with him, but I don't want to say "here's my lawyer's name" when we haven't officially signed everything. UGH! Some days the calls are really bad...I don't answer the phone, it is just irritating...I just want them to stop calling!!!

Think about it from their perspective. If someone told you they were going to file bankruptcy, would you want to spend the money it costs to hire an attorney and pay court costs and process server fees, when the person obviously can't afford to pay you and even if you do get a judgment, it will become worthless once they file bankruptcy?

No.

They may say anything over the phone to try to get you to voluntarily pay them. That doesn't mean they will actually follow through and file a lawsuit.

[GoingDown]

Usually, I agree with Big John but in my experience, I have found that not answering the phone is a bad choice. First, if you don't answer the phone some of the collection agencies will call multiple times per day. Second, they may start calling your work number. Third, they may start calling friends/relatives in an "attempt to locate." What I did before filing was answer the phone and simply confirm that I was the party they were seeking but at this time I was unwilling to discuss my current financial situation and/or my intentions as I was currently exploring all options available.

If they continue to ask questions, then you tell them that you record all telephone calls and have nothing else to say about the matter. Bid them farewell and hang up.

This accomplishes a confirmation they have reached the right party and stops them from being able to call others to attempt to locate you but still gives them no information. They will try and ask if you are filing bankruptcy. Stick to your line that you are exploring all options and for them to have a nice day.

I have wondered why people are so ashamed to tell their relatives they are having financial problems. They may be able to offer moral support.

The problem with answering the phone is that most people get easily intimidated and end up giving out far more information than they should over the phone.

You could accomplish the same thing by simply having an answering machine or voicemail that clearly states your name, and then they could just leave a message for you.

And if they call you at work, send them a letter telling them you are not allowed to get calls of a personal nature at work.

[deepin]

Going Down:

Care to expand on your 'footer'?

One of the most important lessons I have learned about creditors and probate is to never talk to any creditor or collection agent on the phone. Just hang up on them, and never speak to them. Any information they get will be turned around and used against you.

How is the information you provide 'used against you'?