I'm a bit concerned as I have recieved 2 calls at work from either Chase or Discover. I've not paid either since May & am filing Chp. 7 within the next 30 days. I have paid 2/3 of the attorney fees as of Nov. 12th. My concern is if they are aware I am employed they would be more apt to file a judgement sooner. I did not speak to either of these people & have not answered any calls to my cell. Any advice as to what to tell them should they call again ?
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First, not answering the phone calls of collectors, I equate to an ostrich sticking its head in the sand. Really doesn't solve the situation. Creditors don't just file a judgment. They file a civil suit against you that results in a judgment if and when you lose. This isn't an overnight process if you are filing answers and such it takes months. Second, you've paid money to an attorney... It's time he/she works for it. Provide the debt collectors with the attorney information. Sort of like this: "Oh, you are with XXXX XXXXX? Please be advised in this recorded conversation, I have retained the law firm of Dewey, Cheatum & Howe to handle this matter. As you now know that I am represented by an attorney, all further communication about this matter must be with them. In addition, my work has a policy against these type of calls. Thank you for calling and have a good day."
I had three civil suits pending by the time I filed CH7. One had been pending over a year!
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When I did not pick up the phone to them, I was also called work, my father, aunts and uncles, cousins...... however... you should pick up the phone, just once, tell them that they can only contact you via mail. If it is a third party collection agency you can also send a Cease and Desist letter. The Cease and Desist letter will prevent a collection agency from calling you. Once the letter has been received, they may not contact you again except to say there will be no further contact or notify you that a specific action will be taken. Note that you can not do this if it the original creditor.
I do not believe the fact you have a job will make them sue you any faster.. it took AMEX about a year after I stopped paying, I filed 3 weeks after I received summons....Filed 7/17/10 1st 341 8/17/10 2nd 341 9/16/10 1st confirmation 10/06/10 2nd confirmation 11/10/10 Bar Date 11/15/10 3rd and final confirmation hearing Dec 8 and acceptance of plan Dec 29 2010....
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