Newbie question about dealing with collections calls

[4shame]

I have only recently reached that "tipping point" where I have come to understand bankruptcy as my only real option. Appointments have been made with attorneys for initial consultations next Mon. and Tues. Given my situation, I think I won't be able to file for 4 or 5 mos. but I'll know more about that by Tues.

So now I am contemplating what those 4 or 5 mos are going to be like. I have significant cc balances with Citibank, Chase, and Discover. I've seached the forum for peoples experiences with these companies and found a great deal of information.

I have no problem setting up my land line with an answering machine in the basement so the kids/visitors are kept unaware of the calls. I also have no problem terminating our cell phone contracts and switching everyone to pay-as-you-go phones. My work phone is no problem as I can just turn down the ringer and the handset flashes, so my coworkers wont see that I'm screening calls.

Will they just get more aggressive in other ways if they can't contact me by phone, like filing for judgements? Is this phone harrassment just medicine I must take? Any thoughts would be appreciated.

[CPO]

I have only recently reached that "tipping point" where I have come to understand bankruptcy as my only real option. Appointments have been made with attorneys for initial consultations next Mon. and Tues. Given my situation, I think I won't be able to file for 4 or 5 mos. but I'll know more about that by Tues.

So now I am contemplating what those 4 or 5 mos are going to be like. I have significant cc balances with Citibank, Chase, and Discover. I've seached the forum for peoples experiences with these companies and found a great deal of information.

I have no problem setting up my land line with an answering machine in the basement so the kids/visitors are kept unaware of the calls. I also have no problem terminating our cell phone contracts and switching everyone to pay-as-you-go phones. My work phone is no problem as I can just turn down the ringer and the handset flashes, so my coworkers wont see that I'm screening calls.

Will they just get more aggressive in other ways if they can't contact me by phone, like filing for judgements? Is this phone harrassment just medicine I must take? Any thoughts would be appreciated.

Its good to know that you have a realistic outlook on the next few months.

My advice is to throw your collectors a bone once in a while. Answer the phone, identify yourself and speak with them in small talk. Never provide any real information other than that they have reached you. This confirmed contact can keep some collectors from escalating activities...but probably really only works well on creditors until they reach the time alloted that they move to outside collections.

Then hunker down with the answering machine and discretionary contacts. It won't be fun, but it can get exciting sometimes.

Maintain your composure...learn to laugh.

If your actually harassed, time to move into evidence gathering, if you so desire. Otherwise, "cease and desist" letters generally work.

You may get the errant collector that routinely violates the law.

These require hardball tactics and lawsuits...unless you have the means to escape their contact attempts.

Above all else, understand that you owe creditors money. They have an obligation to try and attempt collection. It's just business.

Try to maintain that perspective. Don't get too upset when Joe dirtbag collector yells at you, threatens you and otherwise tries to light a flame under you.

It's just school yard antics that occasionally work. Just like a bully.

Sometime you just need to punch them directly in the face and watch the reaction.

Usually they cry and leave the arena.

Best of luck to you.

CPO

[4shame]

Thanks CPO. Sounds like good advice - I was thinking that I should pick up the every couple weeks so that there is some kind of contact to report periodically. I forgot to ask another question. Many people here have reported that their neighbors have been contacted. Is this really legal?

[Cassiopeia]

I found this, several places on the net, about the Fair Debt Collection Act:

If you have an attorney, the debt collector must contact the attorney instead of you. If you don't have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.

[4shame]

I found this, several places on the net, about the Fair Debt Collection Act:

If you have an attorney, the debt collector must contact the attorney instead of you. If you don't have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.

Ok, that makes sense. As long as they are able to contact me they would have no legit reason to contact a neighbor. More reason to pick up the phone periodically. I just don't deal well with that (who does?). Sounds like I better learn. Thanks Cassiopeia.

[doglover]

Why do you have to wait to file? I wish I filed months ago...it would have saved lot of stress and heartach!

[CindyLou]

You may not need to cancel your cell phone contracts...do they have your cell numbers??? You can change your cell numbers at no cost and they won't be able to get the new numbers.

[Boscoe]

Very simple. Hire an attorney and give their number to anybody calling looking for money from now until when you file, but only if they happen to catch you answering the phone. My recommendation is to NOT answer and to screen all calls from this point until approx. 2 weeks after you file. Then the automatic stay prevents ANY and ALL collection activity. Most creditors (especially the banks and cc companies) won't violate this.

But don't stress it in either case. DON'T "throw them any bones" or say anything but "here is my attorney's number. Do not call me anymore regarding this."

[SinkingFast]

Why do you have to wait to file? I wish I filed months ago...it would have saved lot of stress and heartach!

Most people need to put time between filing and their last CC charges. Or maybe they took a rather large, or several, balance transfers.

The Code has a 70/90 day rule. 70 days on cash advances, 90 days for CC charges in excess of set $$$ amounts. Monies spent for luxury goods and services. During the 70/90 day time period, the burden of proof that you did not fraudulently make the charges falls on you, the Debtor. Beyond that time frame, the burden of proof shifts to your Creditors.

Also, the more time between last charges and filing, the less likely a Creditor will Object.

Better to deal with the phone ringing a bit than to have to pay back money to Creditors. Money most of us don't have.