Best way to handle creditors Newbie question...

[IamOld]

Hello Frogger!! If someone looks at my credit report it is now WORSE (according to my truecredit account) than 0% of the population!!! Whohoo! I'm the worst of the worst of the worst!!! :-)
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So there ain't no money. None. zip. The atty is for real, and if they actually look up this chap (and associates), he's got a very large over 20 year old thriving(!!) BK ONLY practice.

Again, the phone calls don't bother me (although Enhanced Recovery Associates magically also found my relatively new and unlisted direct work #), but outfits like Zwicker (and the fact that a repo may be coming after me soon) hopefully may - as you said - think twice...I think for now maybe my middle of the road tactic is to stall/drag out, and if I get really "nasty" letter from a "real" lawyer, then I wait to the last possible minute, and send them a letter referring them to atty...what do you think?

That depends. First of all, understand that talk is cheap and many people "talk" about filing as a tactic for dealing with collectors.

If it's for real (and your credit report can show just how real the possibility is), then spending a lot of $$$ for at most 2.5 months does not make financial sense.

At 2.5 months, by the time you are served, have a case, judgment, and then go for garnishment, the 2.5 months is up, over, and gone, so all money spent towards collecting from you will have been in vain.

But then, on the other hand...... some collectors and their ilk are just stupid.

[IamOld]

Dirk, you are a brave man indeed!!! (re picture on phone and wife)

Haha that's exactly what I've done....I gave the contact the name "CeCe" and put a picture of a good looking female as the picture so if I happen to be looking at my phone when the call comes in, I at least get to look at something pleasant LOL

I even freaked out my wife and showed her one time when a call was coming in, she laughed when I explained though LOL

[done11]

I used abc, abc1, abc2 etc....another bill collector

[IamOld]

I used abc, abc1, abc2 etc....another bill collector

[sunshinepa]

Use google voice or get caller id. I did both and only talked to one creditor in 10 months.

DO NOT tell them anything. If they are going to sue (usually at least 6 mos.) they will do it no matter what you say.

Good luck to you.

[pikaroth]

pilaroth, (and Catleg will forgive me because it seems I ask the SAME questions OVER and OVER again) - if you tell them that you have atty - like I do - will file in about...2.5 months - which I do (figers crossed), wouldn't THAT make them put you in the front of the line, like let's get some $$ out of this guy while we can???

So far I'm ignoring ever more "final" and "irreversible" decision calls from WF...most others are robocalls, except for Enhanced Recovery Corporation and Zwicker...

Some others beat me to this response, but as stated, if you truly are going to file in the amount of time you say, then it would take longer than that for them to probably even get the ball rolling. However, I cannot say for sure how things would work out, only tell you what my personal experience was. As I said before, I did ignore ALL calls from them until the attorney was retained. Once I did that, even though I did not file for another three months, I took every call that came in, told the person that I was filing BK and gave them the info for my attorney - that was it. I did NOT tell them it was going to be in three months or anything like that. I did not give them any additional information and to be honest, none of them asked. Once I did that, the calls stopped. 100% of them, not one more came in once I spoke just once to each company and gave them the information. I was never sued or anything of the sort.

Still, my best advice would, of course, to be to speak to your attorney and get his or her advice.

[IamOld]

THANK YOU again pikaroth...well, atty's advice is to send all calls to him.

Frankly, I am strangely looking forward to be able to call Mr. Stenton at WF and Ehanced Recovery Corporation, etc., and tell them to call atty who's about to file...

[pikaroth]

THANK YOU again pikaroth...well, atty's advice is to send all calls to him.

Frankly, I am strangely looking forward to be able to call Mr. Stenton at WF and Ehanced Recovery Corporation, etc., and tell them to call atty who's about to file...

Awesome! So great to hear! Glad I could even be a little help. I know all of us have different experiences, but I only had to speak to each credit card company ONE time, and as I said, for me, ALL calls ceased immediately. I hope it is as easy for you!

[IamOld]

Thanks!!!!!! pikaroth!!

[Bell30656]

There are many that will teach you how to avoid the numerous calls that will be coming to your home, cell, etc. I advise a different tact. JDB's are particularly ruthless in collection practices. If they cannot reach you on your numbers, they will start calling your friends, neighbors, etc. If it is a small enough town, they'll call others in the same town with the same last name. These will be "Attempts to Locate" calls.

Want to cut the number of calls down drastically? Simple method. Answer the telephone, confirm that you are the person they are seeking and then tell them that you NEVER discuss financial matters over the telephone. Have them mail whatever they want you to look at to your address.

Stick to your mantra, no matter what they say! They will say that they are coming to take your first born, your grandmother's gravestone, etc. Just tell them to have a nice day and hang up. If the calls are from a CA they will keep attempting once a day until they give up and return it to the OC.

Never give any information over the telephone. Do not EVER tell a collection agent that you are contemplating bankruptcy. Think about it. What is the number one reason why someone is "waiting to file" bankruptcy? They are saving up enough money to file.

JDB's are bottom feeding scumbags. You are telling them that you plan to never pay them and they won't be able to do anything about it. This could cause one to file a quick lawsuit against you hoping to get a quick default judgement. Then he/she will either attempt to raid your bank accounts or sell the judgement to someone else. In some states, such as mine they have something called the Writ of FiFa. A fun little tool where the sheriff assists the judgement holder carry off your big screen.

[IamOld]

Bell, I think you're spot on...the "quick lawsuit" is what always concerns me in telling a creditor that "I'm "about" to file..."

[jgcortese]

Thanks everyone!

[rta]

Hello, I'm a newbie but have been reading the posts for quite a while now. My current concern is dealing with CAs. I've not ever picked up the phone and have been sending C&D letters to all creditors who sent me any mail. Now it looks like Barclay's has seriously handed their stuff over to West Asset Mgt, even if I still get correspondence from both at the same time.

I guess the reason I'm worried is because my early social security (had to get this due to unemployment) is not even enough for expenses, such that there's no point in filing for BK. So now if I get sued, I'll have to go to court and inform the judge that I'm too broke to pay, and bring my claim of exemption with me. That's what I've understood from my readings. If a judgment goes through, even the sheriff can't get anything because all my personal property (no real property) is exemptable, anyway, and there's nothing that would generate a worthwhile amount of money.

And while I was feeling "smug" about the situation, now I'm getting nervous about it. Should I ignore the nasty letters that I'm getting from West Asset? I need suggestions, thanks!