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Tried to give my attorney's # and they wouldn't take it

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    Tried to give my attorney's # and they wouldn't take it

    GE Money just called (Sam's Club). I just paid my attorney's deposit today, so I've been answering the phone again. They have been horrible to talk to in the past, so I was dreading their call. Anyway, when she asked about payment, I told her that I was going to give her my attorney's name and phone number. She immediately asked what I was doing......which chapter or a debt management plan. I ignored her and kept trying to give her his name & number. She kept interrupting me and getting really snotty and finally said, "Ma'am, you are required to tell me what you're doing." I said, "I am not required to tell you...." and she interrupted again and said "Yes you are, so good-bye then" and hung up!

    I don't know for certain which chapter we're going to file and so don't feel comfortable saying either way. I'm assuming they'll now call me back again to harass me? Now what do I do?

    #2
    If they call back, offer your attorney's name and number again. Inform them first, that you do not want any additional calls and that all calls are to be directed to your attorney. Your attorney will explain to them what you are doing. Your attorney speaks for you.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Next call needs to go like this: "Ma'am, in this recorded telephone call, I am informing you that I am represented by the firm of Dewey, Cheatum and Howe on this matter. They are members of the Georgia Bar Association and their phone number is easily locatable."

      If they persist on demanding, tell them that you have been advised to get the full name of the individual, the company and the address for service of anyone stupid enough to continue the conversation. Then bid them a good day and hang up.

      Rest assured the calls will soon stop.

      Comment


        #4
        Other options

        When they call back, try giving the name and number. If you get the same kind of pushback, go ahead and tell them you are planning on filing bankruptcy. They will ask, what is your case number; you say "my attorney has that info and you can reach him at...". Many collectors will make the blunder of and say, "we need authorization to speak to your attorney." you say "great, where can I fax it?" Some firms will provide you form letters for this purpose, but if not, simply write a quick letter stating that you have retained so and so to resolve this debt (do a web search for "Cease and Desist Collection letter" for sample wording, but all you need to communicate is
        1. I am represented by an attorney
        2. Give attorneys contact info
        3. Instruct the creditor to stop contacting you, and only contact your attorney.

        Comment


          #5
          They finally called back - different person this time, less pushy. I was just as insistent and kept talking when she tried to interrupt me and I guess this one realized she'd just as well take down the information.

          It's just hard, you know? No one wants to be in this situation. I completely understand that they're just doing their job, but it goes both ways - now I have to do what is necessary to protect my family. I don't want to be here, in this place, but I am, so it is what it is.

          Two calls down........several more to go.

          Comment


            #6
            One creditor was pushy with me after I had filed for Bankruptcy and they were on the mailing (notification) matrix. The woman kept talking over me. I finally said... You need to listen to me very carefully. I filed for Bankruptcy. I am going to give you the case number and District. If you do not know how to handle a Bankruptcy, then get someone on the phone who does.

            The debt collectors actually hire people who love to argue and to be mean. You have to use words that show a position of power and that you are not backing down. Unfortunately, it's the business model that they operate. It's really intimidation and I feel sorry for the people who don't know how to dress these "representatives" down.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment


              #7
              Once you retain your attorney as you have with your deposit, when they call before they can even go forward advise them you have retained an attorney to file BK and were instructed to give them his/her name and phone number for any further questions. Since you are now represented by counsel and you advised them and provided the information, they are not to call you again but are to contact the attorney. Keep a list by your phone of what creditor calls and who you have informed. They may still pester you until they get a case number so be prepared for second calls from the creditor. Once you inform them you have retained an attorney, your calls will now become way less.
              Last edited by Flamingo; 12-28-2009, 08:07 PM. Reason: spelling
              _________________________________________
              Filed 5 Year Chapter 13: April 2002
              Early Buy-Out: April 2006
              Discharge: August 2006

              "A credit card is a snake in your pocket"

              Comment


                #8
                After I filed, I felt like being a jerk so I wouldn't tell them that I had filed bankruptcy. I just told each caller that I had retained an attorney to represent me on this matter. Then I gave them the attorney's name and reminded them that I had recorded the call. Most asked questions as to whether I had filed, what chapter, etc. I simply asked for the correct name of the company, the address for service and the name of the registered agent. When they asked why I wanted that information, I told them so my attorney could properly serve them civil suit papers.

                No one stayed on the phone and everyone quit calling.

                Comment


                  #9
                  Some will give you a hard time because so many debtors lie about filing bk. I had a couple that wanted to get a little snotty with me when I finally started talking to them and just told them:

                  Look. You need to write this down because I'm only going to tell you once. This call is being recorded. Here is my attorneys name & number. Here is my bk case number. If you call me back, you'll be in violation of the law. Understand?

                  After that, no more calls from them.
                  All information contained in this post is for informational and amusement purposes only.
                  Bankruptcy is a process, not an event.......

                  Comment


                    #10
                    I created a script that worked great for me. I told them I was recording the call even though I was not. My point was to get the Customer service rep to take down my information. The will try to ask:
                    1. have you already filed bankruptcy
                    2. What chapter are you filing
                    3. Do you have a case number.


                    Every time they would try to ask me a question I would reply with

                    "My attorney can answer that question would like his\her phone number"?

                    Also, as soon as you answer the phone make them repeat where they are calling from.. Then tell them you are recording the call.

                    I argued with one creditor and told the LISTEN.. I am giving you one last chance to take my attorney information down before I hang up.. O

                    Comment


                      #11
                      Phone recorders are fun.

                      JC Penney got cute and combined my wife's account with my mother's and try to bill both of them for balance in full of the new combined bill. Well they did this without us even knowing; one month our bill was $300 next months $900, no explanation.

                      I refused to pay till they corrected the bill. They threatened, they insulted, even called my father. I got one of the ***** on the phone (with a recorder) and even after I told him he was being recorded he proceeded to insult me, call me name, curse me out, and ask how did I like knowing that my father knows his son is a worthless deadbeat. I start laughing, hang up, call back ask for a manager, the manager doesn't believe I have a tape-- oh he accepted his employee was like that, seemed proud of it-- I played the tape back into the phone and informed the manager he was being recorded as well...bill go bye bye.

                      Comment

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