Telling Collection Agencies before you get a case number?

[loveends1981]

After recieving many calls from this collection agency, and then recieving a paper from them stating we had til April 28th to respond, I called them up and left a message on their "answering system"... I guess all their people were busy with others... I told them we were filing bankrupsy and gave them our attourneys name and number.

Now my question is....

can you tell collection agencies youre filing for bankrupsy when you dont have a case number yet? We paid our attourney almost a month ago and signed the papers. But the thing I dont get is out attourney told my husband that when it comes to collection agencies that we should wait to have a case number to give them to tell them we are filing for bankrupsy, and not tell them before. But we paid our attourney almost a month ago. The more I kept thinking about it, why should we pay our attourney and keep up with the stupid calls, when we can just tell them of our attourney and go from there.

What scared me most is my mom tried to tell me if I told the companies about filing for bankrupsy before we had a case number, that the companies could do something to make it so we cant include that money in the bankrupsy! I am so new to this! I just want to make sure if we give out our attourney's name and number that the companies cant do something so we cant include them in the bankrupsy.

[frustrated7]

Contact your attorney and ask him if he will handle the collection calls for you. You have retained his services and he should be handling things. You don't have to tell the creditors anything. If you talk to them at all, just tell them you have retained an attorney and give the attorney's name and phone number. Don't say anything else. Tell them that all communication regarding the debt is to go through your attorney. If they ask if you are filing BK, just repeat what you have already said and you could even add that your attorney has advised you to not speak to them. Be firm and hang up if need be. Just be sure your attorney will handle collection calls before referring everyone to him. The attorneys I spoke to were all willing to handle the calls and instructed me to refer the calls to them. When are you planning to file?

What does your mom think the creditors will do if they find out you are going to file BK? They can try to step up collection efforts and sue, but worse case you could have the judgement stopped by BK and filing will stop all lawsuits even once they begin. There is no magic anything the creditors can do to stop you from filing BK or to stop themselves from being included in your BK. Now, if you were still using your credit cards after you are planning your BK, that is a different story. You aren't still using your credit cards, right? Don't sign anything for them, don't make agreements of any kind with them, just refer them to your attorney and let him handle it. That is what you are paying him for.

Good luck to you and try not to stress out too much.

[optimistic1]

Now my question is....

can you tell collection agencies youre filing for bankrupsy when you dont have a case number yet?

I do it all the time, and it tells the collectors a few things, your intentions for starters, and that you havent filed because most likely you are trying to pay the attorney, which means, you still have a job most likely, but you are having trouble even paying the attorney.

All in all, I tell them Im filing, and never say when, I just tell them, here call my attorney and ask him.

No payments since Oct, no suits, just letters and phone calls once a month at best.

All major CC's.

What scared me most is my mom tried to tell me if I told the companies about filing for bankrupsy before we had a case number, that the companies could do something to make it so we cant include that money in the bankrupsy!

Most likely yes, if you tell the creditors your filing and have hired a BK attorney, but continue to charge items, they might object to those amounts, if they are high, and within the last 90 days.

I dont see why a creditor would even keep your credit line open after you tell them your filing a BK anyway.

[StartingOver08]

The collectors are just trying to scare you!

I told them we were filing bankrupsy and gave them our attourneys name and number. Excellent, keep doing this for as long as it takes to get filed.


What scared me most is my mom tried to tell me if I told the companies about filing for bankrupsy before we had a case number, that the companies could do something to make it so we cant include that money in the bankrupsy!

The collectors are getting very aggressive and one of their standard tactics is to say that their debt can not be discharged in bankruptcy - or that their debt can not be included. It must be in the script! One of their main weapons is the ability to intimidate - and boy do they use it. Just let your mom know that this is not true - its just a scare tactic to get funds out of you. Keep referring them to the attorney if you happen to speak to them. Your calls should begin to drop off soon - they will stop right away when the petition is filed.

[AngelinaCatHub]

The collectors are getting very aggressive and one of their standard tactics is to say that their debt can not be discharged in bankruptcy - or that their debt can not be included. It must be in the script! One of their main weapons is the ability to intimidate - and boy do they use it. Just let your mom know that this is not true - its just a scare tactic to get funds out of you. Keep referring them to the attorney if you happen to speak to them. Your calls should begin to drop off soon - they will stop right away when the petition is filed.

This is true, however, do not talk to them other than, talk to my attorney as you are always recorded and it has been known that if you say anything positive like yes, uh huh, or OK, they may cut and paste your conversation and make you sound like you reaffirned and that is what Mom is worried about. Best thing to do is get your attorney to file. He can do it on PACER and get you a number immediatly. Usually they have an escrow account and will pay your fee electronically. Even the schedules and forms can be uploaded. As long as they maintain your signed form, the upload with sig on your dotted line is accepted. 'Hub

[catleg]

Yes, by all means, tell them about it. You have nothing to fear.

The only consequence is that any open credit accounts you have with that lender will be closed.

Unfortunately they will continue to keep calling you, because you might be bluffing.

And you know, the people calling you keep reading from the stupid script, trying to scare you. I had a girl from Discover on the line for about 30 minutes; I was bored and I figured I was helping out some other poor soul(s) by keeping her tied up.

[loveends1981]

First off... to get to everyone's questions...

Our attourney told my husband in the beginning... like at our first and second meetings, that we would have to put up with the calls and wait til we had a case number til we told the collection agencies were filing for bankrupsy. Which I think is stupid. We paid our attourney on March 24th, 2009 the whole attourney fee. $1,250 for him to represent us. Why should we have to put up with the stupid calls? In my opinion, I think we should have the right to tell these people to contact our attourney. Give them his name and number and call it good. Ive talked to some people who say I should be able to do that, I mean if we already paid him, why cant he handle these things? Some say it looks like he's not wanting to mess with the calls... even though we've already paid him.


The credit cards have all been maxed out. We are needing to file because of them and some medical expenses as well. We recieved a letter by FED EX saying if was our final warning and had til 4/28 at 10pm eastern time to contact the FIC, (the collection agency the credit card company handed it over to). If we didnt contact them, then it would be sold to a third party and they would handle it. This account was in regards to our Bank of America Credit Card. All the credit cards are full... we havent used them in months.

We have this other gal that is trying to get through to my husband at his work. She has called numberous times and he has talked to her 2 times. The first time he told her he cant take personal calls. He works for the dept of corrections, so he has to deal with inmates all day. He cant be taking any personal calls unless its an emergency. Well the second time she got through was to his extension number. After the first time she called, my husband told the main guy who answers the phone to only let his wife and father through if an emergency. Well somehow she got through. My husband didnt get her number, but i told him she needs to get it through her head that she cant call! She is calling about the two medical expenses we have. Some dental work and a sleeping machine for my husband.

We got rid of our home phone, so they cant call us, and got 2 cell phones. One for me, one for husband. Our bill went up on our home phone anyways due to how this economy is, so it was cheaper for us to get two cell phones. So we havnt had any calls here at home, and they are trying to contact him at his work.


But yesterday I did contact the collection agency for Bank Of America, the one that said we had til 4/28, and due to their people being busy, I got put to a message system. I told them we are in the process of filing for bankrupsy and gave them our attourneys name and number.
was that the right thing to do? I mean they cant come back and do something so we cant include them in the bankrupsy now? Im getting everyone's different opinions and thought Id check here.

Thanks!

[catleg]

By the way, I meant to say, tell Original Creditors. For Collection Agencies a better choice is to send a Cease & Desist letter.

The attorney is right that they will keep calling you until they get a case number.

Of course, you could just make one up. 09-14285 (gwb) sounds good to me. Obviously the first two digits are the year. Next is the case number. Finally there is usually the judge's three initials in parenthesis. So look up who the judge is in your district and add his initials.
Or maybe it would be safer if you use initials that don't match up to a real judge. Just in case they actually are dumb enough to file anything. :-)

[landofpoor]

[QUOTE=loveends1981;270592]First off... to get to everyone's questions...

Our attourney told my husband in the beginning... like at our first and second meetings, that we would have to put up with the calls and wait til we had a case number til we told the collection agencies were filing for bankrupsy. Which I think is stupid. We paid our attourney on March 24th, 2009 the whole attourney fee. $1,250 for him to represent us. Why should we have to put up with the stupid calls? In my opinion, I think we should have the right to tell these people to contact our attourney. Give them his name and number and call it good. Ive talked to some people who say I should be able to do that, I mean if we already paid him, why cant he handle these things? Some say it looks like he's not wanting to mess with the calls... even though we've already paid him.


The credit cards have all been maxed out. We are needing to file because of them and some medical expenses as well. We recieved a letter by FED EX saying if was our final warning and had til 4/28 at 10pm eastern time to contact the FIC, (the collection agency the credit card company handed it over to). If we didnt contact them, then it would be sold to a third party and they would handle it. This account was in regards to our Bank of America Credit Card. All the credit cards are full... we havent used them in months.

We have this other gal that is trying to get through to my husband at his work. She has called numberous times and he has talked to her 2 times. The first time he told her he cant take personal calls. He works for the dept of corrections, so he has to deal with inmates all day. He cant be taking any personal calls unless its an emergency. Well the second time she got through was to his extension number. After the first time she called, my husband told the main guy who answers the phone to only let his wife and father through if an emergency. Well somehow she got through. My husband didnt get her number, but i told him she needs to get it through her head that she cant call! She is calling about the two medical expenses we have. Some dental work and a sleeping machine for my husband.

We got rid of our home phone, so they cant call us, and got 2 cell phones. One for me, one for husband. Our bill went up on our home phone anyways due to how this economy is, so it was cheaper for us to get two cell phones. So we havnt had any calls here at home, and they are trying to contact him at his work.


But yesterday I did contact the collection agency for Bank Of America, the one that said we had til 4/28, and due to their people being busy, I got put to a message system. I told them we are in the process of filing for bankrupsy and gave them our attourneys name and number.
was that the right thing to do? I mean they cant come back and do something so we cant include them in the bankrupsy now? Im getting everyone's different opinions and thought Id check here.

Thanks![/QUOT

boa must be on a roll.i got the same thing yesterday from fed ex same date and time to respond to even. Guess I will see what happens after 10 pm the 28th.