What are the ramifications of saying "Yes, I am refusing to pay"?

[keepinitreal]

I've read on this forum about collectors saying they would have to put a debtor down as "refusing to pay". Is there a reason for a debtor to care about that?

Have any of you had that actually done, and what were the ramifications, if any? Not so much hypothetically, but more how did it affect you? Thanks!

[flyinbroke]

Nah, I think they put this down regardless. I never tell them it is a refusal to pay. They tell me they will put it down, I tell them "you gotta do what you gotta do, I suppose" and leave it at that. Definitely a scare tactic, but anything you say can and will be used against you...don't give them any opportunity for freebies.

[Dst1]

I agree that it's mostly used as a scare tactic.

Having said that, there is a technical legal issue at stake. Namely, that there is a difference between being unable to pay and unwilling to pay. If you refuse to pay (are unwilling to pay) the argument goes that then creditor can then argue (in court if need be) that you did not take out the loan in good faith and then the loan cannot be discharged.

One can imagine oddball scenarios where that argument might have some force but for most people it's just a scare tactic.

[flyinbroke]

Which is why I never tell them I refuse. I said "I can't" and they said "we must put down that you refuse..." However, I never actually refuse.

[anykey]

well that could mean you refuse to instantly pay them today where they take it from your account here and now.

if you talk to them- you lose.

[flyinbroke]

Pretty much. I have not spoken to a collector in a month. I am about to C&D all my creditors, since in TX the "no calling" rules is mandated toward CAs and OCs. If they want to deal with me, they can send mail. In print. Where there is tangible proof of offers. (Very few will bother. They want the phone call.)

[GoingDown]

Pretty much. I have not spoken to a collector in a month. I am about to C&D all my creditors, since in TX the "no calling" rules is mandated toward CAs and OCs. If they want to deal with me, they can send mail. In print. Where there is tangible proof of offers. (Very few will bother. They want the phone call.)

Good. There is no reason to talk to debt collector.

Nothing good ever comes from it.


Refusal to pay is a mental game they play with debtors. They hope it will draw you into a conversation with them that ends in you giving them information they can later use against you, or even better for them... they want the conversation to end with you giving them your checking account number or debit card number so they can withdraw money from your checking account to pay all or a portion of the debt. That is always their goal. That's why they are talking to you.

Don't play with them.

[anykey]

so then - the trick is to not let it ruin your day.

[flyinbroke]

My plan:

1. THe second I knew some people were not getting paid I bought a cheapo prepaid cell and changed the phone numbers on the CCs to it, and it only. Home/work/cell...all the same number.
2. Stopped paying. Phone rang constantly. I did answer so they knew it was me, but did not feel like explaining that money did not grow on trees.
3. Stopped taking calls. There is really nothing they can do to me. I own squat, can't be garnished. You can't refuse to pay if you never talk to them.
4. Changed voicemail to reflect my name, this number. They know they have the right number. I still get wrong numbers leaving messages on it.

While a 13 may be inevitable it is my goal to put it off for as long as possible.

[Pizza]

I've read on this forum about collectors saying they would have to put a debtor down as "refusing to pay". Is there a reason for a debtor to care about that?

If you can't pay, don't refuse to, just don't ...

[anykey]

You could- say- hold on- while I count my money.


count out slips of paper- 1-2-3-zip 1000. da da da 2k dada 3k.

mention how you love to go to the casino and pour yourself another glass of full bodied beer.

of course have happy polka music playing too. plenty of laughter.

because the idea is to have too much fun - where as they want to take it all away from you so they have fun- but not you. then pick a bugar and fling it.