Original creditor calls...what to say?

[Bell30656]

I cannot stress enough that you should never tell a collection agent (OC, CA or JDB) that you intend to file bankruptcy.

Picture this; You tell me that you are planning to file bankruptcy. I immediately file a civil suit against you and most likely get a default judgment. Then I seize your bank account or whatever your state allows.

Texas does have some of the most debtor friendly laws in the USA. The above mentioned scenario is more likely to happen with a JDB than any other type of collection. Many JDBs are one or two person operations that bought a portfolio at a couple cents on the dollar and will take whatever they think they can get for those debts.

When speaking to any type of collection agent NEVER make any promises of when you will pay. My mantra was I told them that at the present time I would not discuss my financial situation or the debt with them. At that point they would start demanding that I speak to them about it... I always told them that I recorded the calls... I rarely did. Many times just telling them that you are recording resulted in a click as they hung up.

[nickifan]

Thanks so much! If I had any money you'd be remembered in my will ...
I guess the issue for me now is a: getting the bucks together to pay an attorney and b: worrying whether the charges on CCs in last few months are "justifiable" to go forward with a filing instead of trying to put a 90 days' distance in there. Most charges are gasoline, groceries, or under $25 (e.g. ebay purchase of printer ink.) But also do have a $257 charge for my health insurance premium on two different CCs the past two months.

In the next week I am stopping the first CC payments on other cards...it is a bad, sad feeling...

P.S. Forgotten, if you care to say, what state are you in? And what has happened with the trustee and your car payment issues?

[forgotten]

Most charges are gasoline, groceries, or under $25 (e.g. ebay purchase of printer ink.) But also do have a $257 charge for my health insurance premium on two different CCs the past two months.

P.S. Forgotten, if you care to say, what state are you in? And what has happened with the trustee and your car payment issues?

I wouldn't worry about those charges. Gasoline, grocery, utility bills, insurance premiums, medical bills, etc. no one is going to try and call charges like that luxury items.

Thanks for asking about my vehicle issue, I was going to post something after I was finally confirmed. I managed to call my credit union and negotiate a refinance, we are extending the term out to 60 months and lowering the interest rate to 3% that lowers my 2 car payments by a total of $220/mo, the trustee has agreed to this. My wife also just changed jobs so we are waiting for new first full paycheck stub (this friday), then are submitting the new plan with the lower car payment and higher chapter 13 payment.

With any luck i'll be confirmed the first of next month!

[Bell30656]

One important note... You said "Credit Union". Please check and see but if you have another debt to the credit union such as a credit card or loan they will not give you the title to vehicles when the car loans are paid off. Cross-Collateralizion is the term for this. So you could discharge the credit card or loan, pay on the car for five years only to find that you still don't get the title.

[forgotten]

One important note... You said "Credit Union". Please check and see but if you have another debt to the credit union such as a credit card or loan they will not give you the title to vehicles when the car loans are paid off. Cross-Collateralizion is the term for this. So you could discharge the credit card or loan, pay on the car for five years only to find that you still don't get the title.

Yes, I was lucky. The car loans were the only debt I had with them. In my case it being a small credit union was probably better than it being a bank. A large bank would have cared less if I had to return the cars or not, the credit union actually didn't want them back.

[jdcat]

Well Juniper called me back before I got the chance to call them with an update. They called the night before. After listening to the reps offers I explained once again that we aren't in a position to pay anything at this time and that I had promised to call with an update but they called before I could. The rep explained about the auto dial thing and seemed apologetic about it. I don't think the "calling with updates" idea will work. Their system calls back even if there is a note on my account that I will be calling them back. Oh well.