Just going to stop!

[ToughSpot]

Hey All,

I am just a few weeks late on most accounts and will fall past due on all over the next few weeks. I plan to stop paying all the accounts which I hope to discharge. We will most likely file ch7 in about 90 days.

From your experience should I just ignore (not answer calls) everyone? Or talk to them and drag it on tell them I am out of work and hope to get money soon? Or a combo? Or send them all fair debt collection don't call letters.

I am talking about all the big guys, Amex, Citi, BofA, Chase, Sears.....

I have a strong stomach and can deal with the calls but only if I am going to avert something that ignoring them wont, keep in my my time frame.

Thanks,
TS

[calgirl67]

Do not ignore the calls if you don't want them to start calling your work, boss, mother, friends.

Answer them and give them a spin story about having your income reduced but hope to get it all worked out in a month or 2 (then tell them the same thing next month until you file).

Even if you don't plan to file for 90 days, you can retain an attorney and all calls must then go thru your legal representation.

My advice is interview at least 3 attorneys, pick one, and retain him/her and file in 90 days.

When the creditors call tell them: "I need to let you know I have now retained an attorney and have commenced chapter 7 bankruptcy proceedings. All calls and communications must go through my attorney now and here is his name and phone number. Thank you for calling."

[Adventura]

What do you do about the calls if you have not yet retained an attorney to which they can be referred? I've met with the one I am going to use, but have not given her a retainer as yet--can't afford it just now. On her advice, I stopped paying the bills in early October and I plan to file Chap 7 at the beginning of January.

In the meantime, AMEX, B of A, Citi, etc are calling me up to 20 times a day. It does not really bother me as I just put my cell on silent and ignore them. As for calling other people, they call my SO's phone--he is not part of my BK--but he ignores them as well. So, should I answer them? Send 'em the C/D letter? I don't have anything to say to them, and I certainly don't want to let the BK cat out of the bag. And I cannot as yet refer them to my attorney.

What to do--what to do?

[justbroke]

They keep calling, because you keep ignoring them. As stated above, just politely tell them that you're having income issues, you can't make any payments or commit to any payments at the moment, but hope to be okay in a 4 weeks. If they get aggressive and threaten you (lawsuit, etc), just tell them that you don't need to take that abuse and hang up.

• Do not promise to pay anything
• Do not set up any "pre-dated" check payments
• Do not agree to anything. (Sorry, I can't agree to pay anything right now... as I stated, I'm having income issues. I won't know for 3-4 weeks or so.)
• Do not agree that you even ow them money
• Do not send them a dime during this period
• Do not even agree to them calling back in a "day or two"... reiterate your position
• If they call you at work, inform them that you're not allowed to get calls at work and that they should not call you there anymore.

[calgirl67]

Well said "justbroke"

Do exactly that. Just answer the calls, tell them you are having income problems and hope to be back on track in a few months. Be vague and promise them NOTHING.

And tell them they cannot call you at work.

As a note, you cannot send a cease & desist letter to the original creditor, only to a collection agency. That is the law. So the original creditor ie: Amex, Shitibank, B of Ass (joke), Crap One etc, can keep on-a-calling all they like. I have not paid (not a single cent) on my $100,000 worth of cards since January 09 and I managed to BS them for 8 months before they sent them to collection agencies. THEN I sent the collection agencies C & D's.

Now I have retained an attorney and refer all calls to him. I actually called the creditors and took pleasure in telling them my stock line "I need to inform you I have retained an attorney and have commenced Chapter 7 bankruptcy proceedings." Their tune changed real fast to VERY polite and thanking me for my call.

I have not heard from them since. Any of them. I plan to file in early Feb.

[ToughSpot]

Funny Idea, think it worked

Since all was good for so long it has actually been quite a long time since I talked to any of my credit card companies by phone. Now that we are starting to reach the 60 day late mark they have started to call. For the first couple I used the above advice. Then I told the next few they had the wrong number, that we had the number for about a year and didn't know who "I" was. So far so good now of those three have called back.

[Adventura]

Well, I have used the "spin story" advice (thanks calgirl67 and justbroke!) and had varying reactions. Chase promised to make a note and call me in a month, and Citi says they will make a note--but keep calling. AMEX however, was priceless. They told me to ask my lender for a forbearance on my mortgage--which is current--so that I could then give Amex the money. I said, "OK, so let me get this straight, you want me to not pay my mortgage (and put the roof over my head in jeopardy) so that you can get your money?" Erm, thanks for that "option", but I'll pass. Then, the guy put a "Senior Account Manager" who sounded like he was all of 22 years old, on the phone and he told me that I ran the very real risk of having my AMEX cards canceled, and "it would be very hard for [me] to ever get another one."

Yeah, I'm all broke up about that!

[lindsay2181]

Well, I have used the "spin story" advice (thanks calgirl67 and justbroke!) and had varying reactions. Chase promised to make a note and call me in a month, and Citi says they will make a note--but keep calling. AMEX however, was priceless. They told me to ask my lender for a forbearance on my mortgage--which is current--so that I could then give Amex the money. I said, "OK, so let me get this straight, you want me to not pay my mortgage (and put the roof over my head in jeopardy) so that you can get your money?" Erm, thanks for that "option", but I'll pass. Then, the guy put a "Senior Account Manager" who sounded like he was all of 22 years old, on the phone and he told me that I ran the very real risk of having my AMEX cards canceled, and "it would be very hard for [me] to ever get another one."

Yeah, I'm all broke up about that!

LOL! I tell them I'm sorry but what little money I have right now goes to priority things like electricity and groceries. They think they are right up there on that list!

[Snickers]

My last Amex payment was Sept 1 of this year (and I am still pi$$ed I made that payment, lol).

Right now our Gold card is with GC Services and the Optima is with URS. BUT I got the November statement from them AND can still access the accounts online. Go figure...

[calgirl67]

Well, I have used the "spin story" advice (thanks calgirl67 and justbroke!) and had varying reactions. Chase promised to make a note and call me in a month, and Citi says they will make a note--but keep calling. AMEX however, was priceless. They told me to ask my lender for a forbearance on my mortgage--which is current--so that I could then give Amex the money. I said, "OK, so let me get this straight, you want me to not pay my mortgage (and put the roof over my head in jeopardy) so that you can get your money?" Erm, thanks for that "option", but I'll pass. Then, the guy put a "Senior Account Manager" who sounded like he was all of 22 years old, on the phone and he told me that I ran the very real risk of having my AMEX cards canceled, and "it would be very hard for [me] to ever get another one."

Yeah, I'm all broke up about that!

I have not paid my $16000 Amex Blue since February. Its been to 2 collection agencies and now back to Amex.

They too have told me over the course of the past 9 mths to cash out my 401k, forebear my mortgage and borrow from my family.

I said "I don't think so!" Just yesterday they sent me a letter wanting to HELP ME and if I agreed they would send me a new Optima Card. Of course, I will not be replying to their sweet letter!!!

[catleg]

Personally I had too many cards to bother answering the calls and explaining my story, over and over starting from scratch each time, knowing that the person on the other end was simply going to try to "help me get back on track" to debt servitude by making any kind of payment.

In the beginning if you answer the calls and talk to them you will get off the autodialer for about 7 days, then 6 days, 5 days, 4 days, 3 days. Then finally it stops briefly as your account gets put out to a collection agency.

They're different, they call call call as much as they can to make contact and squeeze a payment out of you, normally if they haven't gotten anything in the 5 days before the legally required "mini-miranda" letter, then they realize it's probably a dry hole and just put you on the autodialer for continous harassment.

Finally it (may) go to a law firm in state who (in NJ) will sue you in this debtors hell called Special Civil Part which is nothing more than a collection agency with the scales of justice on the door and the power of state coercion. Judging by what I've heard and read most state-level courts that handle debt cases operate in a similar manner. Depending on whether it's an OC suing or a JDB, 99% of the time the debtor owes something (perhaps not the full amount) but then 75% of the time the JDB doesn't have the paperwork, 0% for OC. So judges rule accordingly. They assume you're guilty and even if you fight it you don't have much chance (even though the judgment may not end up being worth the paper its printed on).

Sorry that went beyond the scope of the original question, I felt like venting. :-)