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    Delay of Game

    Not sure if this should go here or in collections, buuuut...

    Right now I'm looking at the end of April to file. I've stopped paying all my debts as of now, so of course, the phone calls are coming in, plus I've received my first collections letter (for an outstanding debt of $458). Now it's only a matter of time before the heavy hitters (at least 3 accounts $10k+) start getting really cranky (or crankier). Is there anything I should or shouldn't say to them regarding any intention to pay? Would it be out of line to indicate I can't pay at the moment, and even ask for a possible forbearance? My biggest fear is that I'll get sued and be forced to file prior to April.

    I have one creditor asking me to make a payment of $199 now, and they would be willing to work with me in modifying my loan, otherwise "[the] contract will escalate to a department that will not be in your best interest at this point." Should I call B.S. on that?

    I mean, would it be wrong for me to say, 'Hey guys, I can't pay you right now, but I'm working on getting everything back on track. So just chill for a bit..?"

    I want to play fair, but I want to look out for my own interests as well.

    Thanks.
    Chapter 7 - Coming Spring 2008!

    #2
    I simply told all my creditors the month before I filed the same story. "Can I get a payoff amount, I plan to have something worked out by this time next month". Of course, I don't think any creditors would wait until April with that kind of deal.
    Chapter 13 Filed: 12/3/07
    Payments: 2/60

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      #3
      Originally posted by TabulaRasa View Post
      I have one creditor asking me to make a payment of $199 now, and they would be willing to work with me in modifying my loan, otherwise "[the] contract will escalate to a department that will not be in your best interest at this point." Should I call B.S. on that?

      I mean, would it be wrong for me to say, 'Hey guys, I can't pay you right now, but I'm working on getting everything back on track. So just chill for a bit..?"

      I want to play fair, but I want to look out for my own interests as well.

      Thanks.
      I wouldn't say anything to them except please send everything to me in writting. I am betting that the one that you think might be B.S. is......my feeling is that if it smells like, looks like, and sounds like...It probably is...go with your gut instinct.

      Of course it is not "wrong" for you to say what you need to say to them. You "are" working to get things on track. As far as playing fair......you can't play fair with a cheater......(they won't be playing fair with you....I can almost guarantee it).

      Remember you are the one who cares the most about how this situation turns out. For them, it is a job, they go home at the end of the day and forget about you. You do what is best for you!!!
      Last edited by MomIcantFindmy; 01-29-2008, 09:24 PM. Reason: Speeling and grammar :)
      Filed!!04/23/2008[X] 341 5/27/2008[X]Converted to asset case 5/26/2008 [X]
      DISCHARGE 08/12/2008[X]
      Converted to NO Asset case 12/15/2008[X]
      Closed 12/16/2008 [X]:yahoo::yahoo::yahoo:

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        #4
        Just put them on the ignore list!!

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          #5
          Tabula Rasa, you could string them along like that if your main objective is to avoid judgement -- sometimes playing along can give you extra time -- but if they're going to sue they'll pretty much do it anyway, so if your main objective is to avoid a judgement prior to filing in April then playing along (along with all the other tips and tricks suggested) may be worth it to you.

          But in general, because you're talking about filing three months from now, it may not be worth it! The point of avoiding a judgement is to keep your wages from being garnished, etc, and you're already so close to filing that by the time you receive a summons you'll be filing anyway, esp if you just stopped paying recently. Worst case scenario and you get a judgement, after your bk you trot a Motion to Vacate down to the courthouse where they got the judgement, and it goes bye-bye because that debt was legally discharged in bk.

          What Mom said is right, go with your gut instinct (not your fears) on these things, because you cannot count on a creditor to tell you the truth. As far as I can tell, you can play along for the time being, or put them on your ignore list, or start firing off letters as a delaying tactic, but it's all the same because you're filing so soon (three months) which is just around the time these debts will be passed off to collection agencies. That's my thought, anyway. Good luck!!!
          Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

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            #6
            I'm just going to hold out for as long as I can. Thanks everyone.
            Chapter 7 - Coming Spring 2008!

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