6 Months From BK, Is It Wise To Take Collector Calls At All?

[ryan]

I am probably 5- 6 months from being able to file... am in 4th month of nonpayment on CC's and house in in FC. Should be able to do a chap 7, and am very willing to lose house as it is underwater anyway.

Many here are very experienced and I respect they have been thru this already, but I keep thinking it may pay to answer collector their calls every few weeks and just say "I can't pay now etc" keeping it brief and polite.

That way they know they can still reach me. My thinking is it may help to avert an earlier lawsuit giving me more time....Am I looking at this the right way?
I'm looking for your advice.
(I am actually ok taking some calls, and guard what I say very carefully.)

[Dst1]

People on this forum simply disagree on this issue. Personally, I think its wise just not to take collector's calls, period. But everyone is different. Some people like to toy with them. Some people hope to entrap them and then counter sue. There is no objectively correct answer.

As for getting sued, if there was a sure fire way of preventing lawsuits you have seen it in a sticky. It just doesn't exist. It doesn't exist. Most law suit avoidance strategies are designed to make the person feel better about their situation; there is no objective proof they work.

I sometimes disagree with HHM but on one central issue we agree. It's better to spend your time figuring out what you are going to do *after* BK than it is trying to stave off things (like lawsuits) over which you have little to no control.

[AngelinaCatHub]

People on this forum simply disagree on this issue. Personally, I think its wise just not to take collector's calls, period. But everyone is different. Some people like to toy with them. Some people hope to entrap them and then counter sue. There is no objectively correct answer.

As for getting sued, if there was a sure fire way of preventing lawsuits you have seen it in a sticky. It just doesn't exist. It doesn't exist. Most law suit avoidance strategies are designed to make the person feel better about their situation; there is no objective proof they work.

I have to agree in that it is controversial. Also the suit issue is non avoidable until you file. It depends on the time you can hold it off.

Now here is my opinion. Yes answer every call. Tell the person ONLY this, that you are attempting to make arrangements, don't tell them what it is of course, and please do not call again, or contact any other person regarding this issue. By law, they are required to stop. You may have to follow up with a C&D letter. This has a down side. It can cause them to expedite a suit. It will (should) stop harassing calls. If you ignore them, they will go forth to anyone including your employment to find you. 'Hub

[flyinbroke]

I take one call to let them know they have the right number. That way they are not calling the parents, the boss, and the exes. They know they have the right number. I have taken them after, only to let them know I have neither won the lottery nor have learned to crap hundreds. Now I have been ignoring because they are blocking their numbers: I get "private" or all zeros which means they are masking their number. I simply don't answer blocked calls.

[rooster0330]

I am about 4-6 months late on payments. I periodically take calls, to stop the phone from ringing and also so they don't call looking around for me, a couple of weeks ago I did have someone call my parents! Who know nothing about the situation and it was very embarrassing! I just tell them I am aware of the situation and we are working on it and if they ask to elaborate I just keep saying the same thing and I say I won't discuss anything further! So, far the calls seem to have slowed down a lot and now I tell them this and most, not all, are satisified. I also dv'ing when I started getting letters from the CA.

[AngelinaCatHub]

I am about 4-6 months late on payments. I periodically take calls, to stop the phone from ringing and also so they don't call looking around for me, a couple of weeks ago I did have someone call my parents! Who know nothing about the situation and it was very embarrassing! I just tell them I am aware of the situation and we are working on it and if they ask to elaborate I just keep saying the same thing and I say I won't discuss anything further! So, far the calls seem to have slowed down a lot and now I tell them this and most, not all, are satisified. I also dv'ing when I started getting letters from the CA.

That's the way to handle it. Also always stay cool and courteous. That just ticks them off royally. 'Hub

[nickifan]

I take one call to let them know they have the right number. That way they are not calling the parents, the boss, and the exes. They know they have the right number. I have taken them after, only to let them know I have neither won the lottery nor have learned to crap hundreds. Now I have been ignoring because they are blocking their numbers: I get "private" or all zeros which means they are masking their number. I simply don't answer blocked calls.

Spit out my morning coffee on that one!!
Did you actually SAY that to them? If yes, what was the response??

I haven't seen "00000000" or "private" numbers yet in the Caller ID box; most are "toll free number." Guess I have that to look forward to...but as you note, it's virtually certain it will be one of "them."

HSBC guy yesterday -- still very nice, still hoping along with me that my "situation improves quickly"...said he assumes I've noticed that they "call about once a week." I guess I can take a weekly call.

BkofA, on the other hand (have 2 of their cards, total $15K, my biggest single creditor)...has their automated robocall message starting at 8:05 a.m. and they're good for about 4 calls a day....I just took the first call of the day, punched in my zip code for "identity verification", got to the part where I "press 4" if I "cannot make a payment now", but hung up before they could transfer me to the rep to "update" my situation. Maybe I should hold on for him/her...but I'm guessing it won't stop the robocalls.

(By the way, if you do learn that special talent I have boldfaced above, I think you should share with us and the mods should make it a Sticky!!!)

[Justpoor]

Does anyone give their attorney's number and tell them to call him? That's what I do.

[ryan]

Thanks for all the feedback.....I should have added that all but one of my creditors calling are the OC...What I notice is if I do speak with them, even briefly, it seems to reduce the calls a lot for a week or two. ...I also have gotten Fedex packages with simple letters saying to "call us for a special offer to reduce your payments", etc.

Justpoor: I presently do not have an attorney, so no one to refer them to.

[fireworks]

I'm with flyinbroke on this one. By taking the calls you may or may not be delaying a bankruptcy, but you are delaying/preventing them calling your family, friends, neighbors, employers, etc. Debt collectors can be VERY persistent. I've heard from others and read on this forum stories of collectors calling everyone they can think of who might be able to contact you, including your neighbors, people at former addresses, boss, etc. If they ARE able to reach you, they are legally not allowed to engage in those tactics and most won't. If you don't ever answer their calls, they'll try to find you.

Before I retained an attorney I had collectors blowing up my phone all day long. I answered, told them that I was in fact the person they were looking for, that I had recently lost my job and had no money to pay them. I told them I would make arrangements as soon as I was able and refused to go into details. Most of them called back in a few days to see if the situation had changed and I gave them the same spiel. Once i retained an attorney I told them all that I was filing chapter 7, here's my attorney's number, you'll have to call him for any further information. Despite having about 20 different creditors (and all of their various collection agencies) on my BK petition my phone is generally very quiet now. I haven't paid on any of my credit cards in almost a year. and haven't been sued. I get maybe 1-2 collection calls a month. We have our signing meeting with the attorney's office on Monday and the paperwork should be filed with the court sometime next week.

That's been my strategy and it's worked well for me - your mileage may vary.

[flyinbroke]

Yes, I did say that...it was to the BoA rep and he actually laughed. I am always polite to them; they have a job to do, as odious as it is. And I think they will be abused plenty by others. BoA is who I suspect is behind the blocked calls and they are robos; my last talk with them I said I did not know when things would straighten up, and when they went into the "you are a valuable customer" I mentioned that this is why you blew up my interest rate and decimated my credit limit then? He said the calls would not stop, I said I won't enter a plan without something in writing. Of course neither side will give and I meant it about not having things in writing. BoA has been polite so far so I see no need to get nasty. Yet.

The GEMB has started calling again after I got the not so nice guy threatening me with collections; I said the same thing: lower payments may be doable with no interest and all penalties dropped; put it in writing and we can work something out. He refused. So did I. I think I am at 60 with them; last payment was 11/09.

If I learn how to crap hundred dollar bills, this will be my first stop...after stopping at the grocer's for prunes and Ex-Lax....

[coolmom04]

Now I have been ignoring because they are blocking their numbers: I get "private" or all zeros which means they are masking their number. I simply don't answer blocked calls.

This is me - every single call I get says "unknown." I refuse to answer an "unknown" caller. I have GV set up so that every call I get goes straight to VM that states our full names unless it is someone on my contact list. I've had four VM left from the unknown callers and it's all quiet.. but you can barely hear a little bit of music in the background. Every call is 4-11 seconds long of the same thing each time.

[coolmom04]

If you don't plan to file for several months, but give the creditors your attorney's name & number, won't that make the creditor speed up the process to sue you?

[munchkn813]

If you don't plan to file for several months, but give the creditors your attorney's name & number, won't that make the creditor speed up the process to sue you?

I have no experience with this yet, but I called some more layers today and one was wonderfully nice and talked to me for a bit on the phone and I set up a mtg. with him for next week, but he told me that if I chose to retain him, as soon as the creditors called, tell them I was filing, have retained XXX lawyer, his # is xxx-xxx-xxxx and hang up. He said that should quiet the calls down for a couple of months while I get money and peperwork together to file. Hope this is true (contridicts what another lawyer's office told me that I lready met with when I called them back today, but the other info came from a chat straight from the lawyer himself and he does bk only - I hope our mtg. with him goes well because I have a good feeling from our phone convo!)

[ToughSpot]

I agree no right answer here. I think it really comes down to how strong you can be on the phone. If you can hold your own and limit the conversation I would keep track of the numbers (they get burned into your brain after a while) and take a call from each creditor a couple times a month. I believe this will delay legal action and in many cases take you off the call list for about a week.