phone calls and lawyers

[steve_d]

I've done a lot of reading on here. It's been very helpful. I have a couple questions.

1) I know I can stop collectors from calling me at work, but I'm not to collections yet. Can I stop the original creditors from calling there?

2) I can't file for several months yet because of the new eight year rule. There was only one lawyer in my area who would do a free initial consultation. I know that lawer's reputation isn't the greatest. The lawyer said it wouldn't matter when I retained their firm relative to when I can actually file. But I've read some things on here about not retaining a lawyer too soon. Is that only if I'm still incurring new debt? I'm not. I've maxxed out all my cards living and making minimums up til now.

3) Is there any point at all in answering the phone or writing my creditors with a sob story? My only concern, and it's not a big one, is getting a judgement against me before I can file. Will talking to them put them off for a while, or is that pointless?

Thanks in advance for any help

[DivorceRuinedMe]

From what I've read on here and from the 3 lawyers that I've consulted with so far, they've all told me to STOP paying the cards and to NOT take any of their calls. It's pointless like you've said. They don't care about your sob story. They hear it every day. If you can't pay them what you've agreed to pay, they don't care why - they want their money and they will stop at nothing to get it. So why even go there with them? Save yourself the headaches and ignore the calls.

And worst case scenario, if you do get a judgement before you file, you just get it vacated after you file. Yes, it will cost a little more and take a little more work and time but it WILL get taken care of eventually.

[SinkingFast]

Supposedly, once you pay a BK attny a retainer fee, that starts the clock ticking on when you actually determined BK was your course of action.

IF you were to happen to charge any purchases after retaining a BK attny, Creditors could potentially Object and/or claim BK fraud.

[steve_d]

IF you were to happen to charge any purchases after retaining a BK attny, Creditors could potentially Object and/or claim BK fraud.

That's my thinking also. As I mentioned, I couldn't charge/borrow anything if I wanted to. All my cc's are maxxed and debt/income ratio is way too high for any loans. So if I retain a lawyer now, can I tell the creditors that I've done so and stop the calls even though I can't file for many months?

[SinkingFast]

We went thru a similar situation. Retained our attny. I thought we were gonna file soon. So I told Creditors as they called we were gonna file. Gave them the attny's name and contact info.

Calls really dropped off. For a while.

We needed to move so our attny waited to file until we got moved and settled. Established our monthly living expenses in the new place. Then we finally filed.

About 3 months after I told Creditors our attny's info, a few calls did start back up again. One Lady Collector even said to me,............ "You should tell your attny to get his butt in gear and get your case filed already!" We just went back to not answering the phone if we didn't recognize the caller until we did file.

[steve_d]

I'm still wondering if I can stop creditors from calling at work?

[whatamess]

We had our first today!!

Internal collections called hubbys job just this morning, at a bit over a month late!!!. He is irate. I finally took calls at home after that this morning and told them we retained an attorney and to please not call his work or home anymore.. Guess what, they kept calling here at home. We shall see if they call work again too.
Im at a loss.
WAM

[whatamess]

Update

Discover has agreed not to call for thirty days. After that if I have not filed it fair game. No such luck with Bofa. I gave them my lawyers info, but they VERY snotty woman in the collections dept said they would "Continue to move forward with the collection process" because I would not send the a payment. We shall see if that means more annoying calls, and if they are to home, work or both. I was told on the phone that once its past the 60-90 day period from last payment that the collection process would become "more aggressive' and that they would pull my report and "it will be ruined"..ROTFLOL! Its already messed up. Thank you very much....
You tell them you have paid an attorney, you will file BR, and they still will try and collect until the day you file. What part of "I DONT HAVE ANY MONEY" do they not get? They are heavily accented though, possibly outsourced agents? I had to repeat myself over and over.....and will continue.
I hope you have better luck than me. Best wishes....
WAM

[desperation]

I told the collectors who called me at work not to call me there anymore as my employer did not allow it.

http://www.ftc.gov/bcp/conline/pubs/credit/fdc.shtm

It's about fourth down the list as to where the creditor may or may not contact you.

https://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

On the first website there is a number for contacting your states attorney generals office, and the FTC if your creditor gets ugly.

If they continue to try and harrass you at work tell them you know your rights under the Fair Debt Collection Practices Act.

Fortunately, I never had to resort to this. The few creditors who did call me at work, once I told them no more work calls,and to call me at home ceased .

Hope this helps you Steve__D

[Runnin on empty]

Thanks for the links, helpful information.