The creditors have started calling...

[tobee43]

i know it's hard when you in that in between stage of filing.

truth is unfortunately until you actually have a docket number they are entitled to attempt to collect that debt. even C & D letters will not work and really are just hot air until you actually file. however, D & C's are effective in instruction for the creditor. example do not call my work place etc. unfortunately, even creditors have rights.

[Forthebirds]

When we decided to file, I called every credit card and told them we were filing ch 7 and provided my atty's name & number. We had just started to miss payments. No one was mean or rude about it. One lady at Discover sounded sorry for me. Everyone was pretty nice about it and didn't give me a hard time at all. After that, no one bothered us until Citi sent us to collections (for a $2k balance...we had another card with $20k which was never sent to collections!). Collection agency was annoying to deal with but they eventually gave up. We filed 7 months after we stopped paying. I couldn't handle the non-stop phone calls...if you have retained an atty, that person can field the calls for you. You're filing soon, no need to hide and ignore the calls. It's easy to make them stop.

[wellnowwhat]

So far I've been ignoring most of the calls. I did talk to someone at Honda about my past due lease and she wasn't very nice. She told me flat-out that they are going to continue to call me multiple times a day even though I've given them my attorney's contact info (which I understand they have the right to do). She then insisted that I try to sell the car back to the dealership to cover the payoff amount, even though the car is clearly worth far less than the payoff amount. I handled it the best that I could and reiterated my desire for her to contact my attorney, thanked her for getting in touch with me, and said goodbye.

Thank you all for your suggestions and advice. I'm not too far past due at this point so luckily the calls haven't been too bad. Once they start to get worse I will start doing some of the things that you all have suggested.

[keepsmiling]

Don't Wait
Get GV Now. Change the phone numbers in the accounts WHILE YOU STILL HAVE ACCESS.
Your phone will ring all damn day til you want to shoot yourself. They deliberately try to drive you over the edge.

[wellnowwhat]

Don't Wait
Get GV Now. Change the phone numbers in the accounts WHILE YOU STILL HAVE ACCESS.
Your phone will ring all damn day til you want to shoot yourself. They deliberately try to drive you over the edge.

Alrighty. I've moved all of my accounts over to GV with the exception of one (which has an old cell number on file that I no longer have, anyway). Thanks for the great tip. Hopefully that will keep me a little more sane as the months go on.

[GoingDown]

Some of the best advice I've seen also is to access your accounts online and change as many phone numbers as possible before you file. This has helped cut down the calls but i do agree they are relentless.

Yes, get a Google Voice number, and while you still can, change all of your accounts' contact information to this new Google Voice number.

Then change the phone number on your cell phone to a new, unlisted number.

This way, you can answer and record all the calls they make to you quite easily. And when you don't feel like answering them, you can change the settings on your Google Voice account to forward their calls to voicemail, and you won't even hear your phone ring at all. But your relatives and friends could still reach you on your unlisted cell phone number.

[GoingDown]

i know it's hard when you in that in between stage of filing.

truth is unfortunately until you actually have a docket number they are entitled to attempt to collect that debt. even C & D letters will not work and really are just hot air until you actually file. however, D & C's are effective in instruction for the creditor. example do not call my work place etc. unfortunately, even creditors have rights.

C & D letters work great with third party debt collection agencies and junk debt buyers, because they are subject to the FDCPA.

Original creditors are not subject to the FDCPA, but many of them will voluntarily stop calling once you put it in writing.

[LadyInTheRed]

Original creditors are not subject to the FDCPA,

True. But, it's a good idea to check state law too. Some states have laws with similar restrictions on debt collectors that apply to the original creditors. For example, the California's Fair Debt Collection Practices Act includes OCs in the definition of debt collector.

[df04527]

Yes indeed, LITR Florida treats them both the same as well.

[sonrisagirl]

I took the advice here and got a GV number and deleted all other past info from my accounts. I just filed on Monday (June is the first month I haven't made payments, as I followed what my attorney told me to do. I had been getting quite a few messages on my GV account. I was floored when a creditor who hadn't called my GV account started calling family members today--I was mortified. I am not even a full 30 days past due and they're calling random family members? I called them immediately and told them I had filed and then called the other creditors who had been calling several times a day. It's such a sick feeling. Ugh.

[tobee43]

C & D letters work great with third party debt collection agencies and junk debt buyers, because they are subject to the FDCPA.

Original creditors are not subject to the FDCPA, but many of them will voluntarily stop calling once you put it in writing.

yes, you are right on this one. i didn't have any third party debts, so that's why they didn't work for me. i remember spending over $65 in cert mail charges which did me no good. when i hired the atty they said just direct them to their office and they also, sent each of the creditors letters of the pending filing,but they still continued. that's when the atty advised me, that they really don't have to halt anything until the actual filing is recorded.

maybe it was just our karma, i don't know, but it certainly was weird as the phone company is suppose to wait 2 years before giving out a number. NO way did that happen here this was all current creditors of this guy. i could have changed numbers but we liked and the likeliness of it happening again was real, so we just fought through it until it finally stopped.

actually, since we up and left with no forwarding address or phone numbers we were not hounded as badly as some. funny thing was when we got our "new" phone number in florida the guy who had our number apparently owned everyone and their mother and our phone was ringing off the hook, with NONE of his creditors believing me that we were NOT him LOL!!! finally, i began answering the phone very sweetly and getting a call back number, a name and address etc., and they i turned their asses in to the FTC. it did stop them completely and thankfully. bad enough getting ones OWN collection calls, no less someone else!

[keepsmiling]

Now that you have filed, stay on top of these calls. Sanctions my dear, sanctions. Hit them where it hurts.
Payback's a bee-yotch.
Oh and you can just tell your family there is a misunderstanding, mixup, check got lost in the mail, whatever. They don't have to know all your business

[AngelinaCat]

I remember another poster from way back when we first joined, changed all of her contact info for all of her CCs and put the CC phone numbers in place of her own. Then she changed her home and cell numbers to something else, and all the CCs got when they tried to call her, was their own company.

[tobee43]

I remember another poster from way back when we first joined, changed all of her contact info for all of her CCs and put the CC phone numbers in place of her own. Then she changed her home and cell numbers to something else, and all the CCs got when they tried to call her, was their own company.

that is SO hilarious!!!!!!!! good one! wish i would have thought about that!

[keepsmiling]

^^^OMG I love it! Why can't I think of stuff like that???