So did you tell your creditors you were filing...

[cj0203]

BEFORE you filed? Meaning if you had to wait out for some time to pass but stopped paying stuff in the meantime, did you tell them what was going on when the collection calls started?

[mcdulph]

My dh just filed end of December. As soon as he had consulted an attorney--which was way back in March or April--we let anyone who called know that he was going to file & gave them the attorney's name & number.

In a couple of cases we continued to get calls, but after speaking a bit sternly with a supervisor or two, that stopped.

I think the key is to actually have retained an attorney, so that the collectors know you are absolutely serious about filing, and not just trying to blow them off.

Good luck.

[RickInMich]

We were only receiving calls from one particular creditor which started about one week before we filed. They were persistent, as in about 8 calls a day. We just ignored the call. Finally a week after filing, I just decided to answer and give the information. The caller was like, "Oh, thank you." She sounded genuinely relieved that we informed her. We have never gotten another call from anyone. Just gave her the case number, name of attorney.

[fabala]

I didn't talk to a single creditor except to ask them to stop calling me at work until I retained an attorney (meaning that I paid her a retainer, not just talked with her). I figured (a) they heard a zillion people a day telling them they were going to file bankruptcy but never did and (b) it might make them speed up collection efforts. All they want is their money and delinquent creditors are just another name on a list. They don't care and I figured I was wasting my breath talking to them. However, I had large creditors. If I had small creditors, I might have talked to them. There was about a 5-month gap between when I stopped paying and when I filed.

After I provided my attorney's name and number (but prior to actually filing), the creditors stopped calling except for one, who was particularly nasty. I gave her the attorney's name and number and asked her to call the attorney if she had any questions. She said, "Why would I do THAT?" (meaning why would she call the attorney). She said she was going to continue calling ME up until I actually filed. Again, I didn't argue because it's like arguing with a wall. They continued to call for a while and then stopped. Now that I've filed the phone is nice and silent.

I would highly consider just letting the phone ring. Just make sure your name is on the answering machine so they know they're actually getting you. Honestly, until and unless they get some money in their hands, they don't care what the problem is. They hear sob stories all day every day. Plus, remember that they're recording you and part of their job is to get you to say something that they might be able to use against you later.

[stljohn]

I didn't tell until the atty said to tell them. Didn't want to give em chance to pull any end runs.

Most creditor were matter of fact, asked the atty's name and went away.

Someone was real snotty dont remember who. Guess they thought I was lying, called 2nd time asking same stuff before going away.

Man I remember how nice it was to not be afraid of the phone.

[FLBK7]

Creditors were calling non-stop and I had to unplug my landline. When I finally realized bankruptcy was my only option and I retained an attorney, I plugged the phone back in and gave everyone the attorney's name and number. A couple of them kept calling, but when I finally had a BK case number and gave it to them, my landline went so silent that it was eerie in a way. I remember that a couple times I actually picked it up to see if it actually had a dial tone.

[leftyf]

I haven't answered a call in 8 months. They call the corporate HQ where I work and leave nasty messages, but I work at a big company so nobody seems to care. I'm sure there's some talk behind my back, but, oh well. Some of the collectors like to leave nasty messages and question my manhood for not calling them back...they tell me what a great customer I was for the previous 10 years so why ruin it now? But I think calling them back is a big waste of time unless I can send them some cash (I read this "simple" fact on the forum here.) What kind of man is a collector anyway? I should be filing this week, but I didn't even bother to tell the collectors. Let them waste their time and money.
Lefty

[Lindsay]

A few creditors have asked what our intention is with our debt. I told them that our intent is to retain a lawyer to file for bankruptcy. They still call and I just repeat that information. We really are going to see an attorney on Tuesday evening and hopefully we will like him and retain him. His receptionist said that after we pay retainer to give all the creditors the phone number and lawyers name and they'll take the calls.

I thought I read somewhere that it is illegal for a creditor to call you if you have hired an attorney to handle the debt and have informed them of this. Isn't that in the fair debt collection act? I think that one of the local attorneys in our area lists that on his website (New York).

[FreshLikeADaisy]

I thought I read somewhere that it is illegal for a creditor to call you if you have hired an attorney to handle the debt and have informed them of this. Isn't that in the fair debt collection act? I think that one of the local attorneys in our area lists that on his website (New York).

Lindsay, I've read that too in several places, and I'm pretty certain it is in the FDCPA.

[FreshLikeADaisy]

(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to the communication from the debt collector.

You were right.

[Lindsay]

That's good! The debt collectors that still call must count on the debtor not knowing his rights. I know that debt collectors talk to me all the time about my husbands debts. Some will lie and say that they have a judgement and will garnish wages and then I say, "how did you get a judgement without providing a summons?" Then they start to backpedal. I think thats why debt collectors get away with tormenting people so much, people don't know when they are crossing the line.