refusing

[pcn]

You don't care because you will be filing soon. However, before you get your money saved up to fork over to the lawyer, I seize your bank account and garnish your paycheck.

Don't know for certain, but maybe that's why they always ask "How often do you get paid?" Maybe it's to help time it so they get you when you've just had that big deposit. One more reason to keep your balance as low as possible, just in case.

[BrokeMike]

I am gonna play the game. " This is a private property and the owner is not home. Can I take your message?"
How this sound?

[Bell30656]

Mike, I don't think that is a good idea. If you don't confirm that you are the person they are looking for they can begin the "attempt to locate" calls. Where they call your WORK, friends, neighbors, pastor, whatever.

[BrokeMike]

Thanks Bell, I see now.

[ApresMoi]

That person was 'blowing smoke'. Do NOT pay anything to anyone if you are about to file. Once you make any payment, they will use it against you to bend up your bk. I would just lay the phone down, walk away and allow the person to beat their gums. 'Hub

AngelinaCatHub -- Can you elaborate as to how they can use a payment against you? I read that one of the mistakes filers make is not to make at least one minimum payment after they stop using the cards (and before filing). So I was thinking I would make a small payment to show good faith. Not a good idea?

Also need to know how soon after you stop paying anyone has heard of collectors seizing bank accounts or serving a summons. As of the first week in January, I will be on my third round of missed payments on three cards. Thanks in advance for your reply and suggestions.

[Bell30656]

Seizure of bank accounts and such isn't happening until AFTER they get a judgment against you which means you get sued, either lose or don't show up and then they start seizing.

There are a couple exceptions but they are rare, such as a credit union using cross-collateralization to grab a bank account.

[SleepWellNow]

I didn't like getting calls but my husband seemed to make a game out of it. He would program their number in his cell phone so he knew who was calling. He was always pleasant to them which seemed to irritate them even more. He enjoyed the game of keeping his cool while they would get louder and threatening. There were some that called every day. He would just tell them "it's the same as yesterday...I don't have any money to send you because I'm broke" and end the call with "talk to you tomorrow". I think he actually used their calls as comic relief (which we all need a little of going through this mess!)

[ApresMoi]

Seizure of bank accounts and such isn't happening until AFTER they get a judgment against you which means you get sued, either lose or don't show up and then they start seizing.

There are a couple exceptions but they are rare, such as a credit union using cross-collateralization to grab a bank account.

I am reading up on how to protect myself. I was told I was 'collection proof' (by an attorney during a free consultation...haven't filed yet, but am considering Ch 7).

I read there are three ways they can notify you they are suing, by serving a summons a couple of different ways, and also by 'publication'. I have no idea what "publication" means Does this mean by letter? Or do they publish in a local newspaper and if you miss the announcement you are out of luck?

I am only three payments behind, but I still worry that one day my debit card on the checking account will get declined, or there will be a knock on the door. I have read (online) of people getting sued after only three missed payments, so it's not out of the realm of possiblity.

If they sue (and I think they will), how fast do they get to that (typically). Same for freezing accounts. Is there a 'typical' timeline by which they do the dirty deed? Thanks!

[ApresMoi]

It's not so much a case of "IF" they can sue you but "WILL" they sue you. It costs to file and pursue a lawsuit. You account will be reviewed and they will analyze what they believe are the chances to recover some of the debt. When they are calling you on the phone they are trying to gather any information that can be used later.

There are JDB's that file their lawsuits in stacks at the courthouse. When they no longer believe that they are going to collect any other way, they file. Here is a local Georgia Court website: http://www.gwinnettcourts.com/#home/ Click on it and enter the name of your favorite Original Creditor or Junk Debt Buyer as the party to the case. You can check this where you live either online or at the courthouse.

As long as a creditor can still reach you, they will generally work the account for a while before suing. However, if they know you are working (credit report) and can't reach you or you've sent them a cease contact letter they have no option but sue you if they want to get their money. Telling them you are planning to file bankruptcy is a bad, bad plan.

Why? You ask. Because for one reason or another most can't file bankruptcy immediately. Maybe they don't have the lawyer money/filing fee saved up or are over the median income and are waiting for it to average out... Whatever the reason. Picture this scenario; Let's say, I'm a JDB and you tell me you are planning to file bankruptcy. I file a suit against you in your local court. You are served and don't bother to show up. I get a summary judgment relatively quickly. You don't care because you will be filing soon. However, before you get your money saved up to fork over to the lawyer, I seize your bank account and garnish your paycheck.

My advice (and I'm no lawyer but one who has been there) is to answer the phone but give them no information. Don't tell them where you work or even that you are working, don't give them any information. Simply tell them that at the present time you are unwilling to discuss the debt.

i am going about this all wrong then, because I stopped talking to them several weeks ago. In fact, my attorney said just ignore the calls for now. What you say makes sense though. I was talking to them for the first month, month and a half, for the very reasons you mentioned, just to let them know I am still reachable. Should I go back to that? I can't pay them and am saving up for BK (as you say).

In the meantime (while I am saving up)...should I take all but about $25 out of the checking acccount? Would they still freeze it even if there were nothing in there? What I am worried about (besides that being embarrassing) is that if they freeze the account, my bank may levy all sorts of fees that would be up to me to pay (like outstanding checks that were not cleared before the freeze, and/or debit card use). How long can they freeze it for? Indefinitely, awaiting a deposit? I don't really want to close it, but will if I have to. The funds should be exempt, but I would have to prove that.