Telling Creditors Your Intentions

[Ann]

I quit paying my credit cards in August. I have seen 3 lawyers (have not decided on one yet) and of course I have millions of calls a day from my creditors. Now, I'm getting letters from the collection companies from some of my creditors. Would it be wise to just let them know up front of my intentions of filing for bankruptcy? I don't want to go through all the trouble of the dv letters. They are now starting to call my in laws and if we are serious about filing in December shouldn't I just tell them?? Any advice would be greatly appreciated!

[wantout]

I would have an attorney hired before I told them any thing.

When I gave the CCS my attorneys name and number, all calls have stopped. I have not filed yet, should by December or January at the latest.

[MSbklawyer]

Would it be wise to just let them know up front of my intentions of filing for bankruptcy? I don't want to go through all the trouble of the dv letters. They are now starting to call my in laws and if we are serious about filing in December shouldn't I just tell them?? Any advice would be greatly appreciated!

When you tell them that you are filing bk in December, they're going to ask you your attorney's name and number. Then they will call your attorney and verify that you have retained them. If the attorney says "yes, we're retained and we're expecting to have Miss Ann's petition filed by . . . .", they'll pretty much leave you alone and move on to other victims, even though they aren't legally required to. I don't think that just telling them you're "planning to file", without more, is going to carry much weight. If that's all it took to stop them, they wouldn't be calling anyone.

[BobMango]

Ann, I wouldn't tell them anything. With the timeframe you are looking at the odds of getting sued and have a successful judgment entered, much less asset seizure or garnishment, are pretty low.

I quit paying most of my cards in Feb of 09 and just got a summons served this month. We were ready to file so the summons just served to make sure we stayed focused and finished the paperwork.

If you want the calls to stop, you can pay, file or send a cease and desist letter. I didn't bother with the letter. Of all the calls that I received and answered, most of the people calling were really nice. The only obnoxious collectors were GEMB. Man will I be glad to shake the duct off my sandals with them.

[OhioFiler]

When you tell them that you are filing bk in December, they're going to ask you your attorney's name and number. Then they will call your attorney and verify that you have retained them. If the attorney says "yes, we're retained and we're expecting to have Miss Ann's petition filed by . . . .", they'll pretty much leave you alone and move on to other victims, even though they aren't legally required to. I don't think that just telling them you're "planning to file", without more, is going to carry much weight. If that's all it took to stop them, they wouldn't be calling anyone.

This is the best approach by far.

[AngelinaCatHub]

When you tell them that you are filing bk in December, they're going to ask you your attorney's name and number. Then they will call your attorney and verify that you have retained them. If the attorney says "yes, we're retained and we're expecting to have Miss Ann's petition filed by . . . .", they'll pretty much leave you alone and move on to other victims, even though they aren't legally required to. I don't think that just telling them you're "planning to file", without more, is going to carry much weight. If that's all it took to stop them, they wouldn't be calling anyone.

Thank you for that good advice. It worked for me very well as my lawyer told us to do that. 'Hub

[FrenchToast]

I told Bank Of America I was going file over a car repossession and they told me it would ruin my credit....duh! And gave me all these reasons why I can't file and unless i had an attorney that they would come after me for all that I owed.

[LimpDisc]

We quit paying in August too. We retained our attorney for $400 on September 23 and started to give that info to creditors. Pretty much all of the calls have stopped.

We did start getting calls from Capital One this week. They said that they would continue to call until we had a case number. I said that I will continue to not answer. Morons!

[optimistic1]

Any collectors should be sent a cease and desist letter, or a debt verification letter, this will shut them up for a while. And it will buy you time to file your bk.

Circumstances differ from debtor to debtor, I am going on 1 year now without making payments, and finally have started to receive settlement offers, to which I just ignore.

I have told ALL of my original creditors and collection agencies my intent to file, to which it really leaves them with two options, settle with me for pennies on the dollar, or call my bluff and sue me. Local docket searches come up empty still, yes it is inevitable, but, I have bought myself time, which its sounds like that is what you need too.

[Bell30656]

The reason that they are calling your in-laws is because they can't reach you. These are "attempt to locate" calls and are allowed if they can't get you to answer the phone. Avoiding talking to your creditors, junk debt buyers and collection agencies never helps. It just adds to your embarrassment when they begin calling your neighbors, friends, work and anyone else that they can think of.

As to your specific question, I believe that you should tell them nothing. Simply answer the phone, confirm your identity and then tell that at this time you refuse to speak about the debt. Expect protests, threats, etc. just remind them that you record all calls and at this time you aren't going to speak about the debt, then bid them farewell and hang up.

The only power that they have is what you give them. In most cases they can't seize anything without going through the lengthy process of filing suit, serving you and actually getting a judgment. Judgments don't happen overnight. They take a while. Isn't our legal system wonderful?

I was served on three civil suits prior to my filing. One served Nov 2007, one served Feb 2008 and the final one in Nov 2008. I filed in December 2008. None of three lawsuits had made it to a judgment by the time I filed. Telling someone that you are saving up to file could cause them to try and file a suit against you especially if they think you can't afford to file bankruptcy. If they get a judgment against you, they can then seize bank accounts, garnish wages and take other assets such as vehicles. Most civil suits end in default judgments because the defendant doesn't answer.

[anykey]

How do I slow down a judgement?

[MSbklawyer]

How do I slow down a judgement?

Whassat mean? "Slow down a judgment"?

[anykey]

I am being sued. The paper says to take the paper to an attorny. I can not figure out how to file my own reply to the court to even ask for a continuance. This is in PA. It is credit card- 20k.

[anykey]

it says I do not get a hearing unless I file a paper- ie get an attorny.

[Bell30656]

You need to file an answer. Go to your local courthouse. Look up several cases where this plaintiff sued others. Locate a copy of the answer... Make a photo copy... Modify it to suit your information and file away. Isn't public information wonderful?