top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Should I bother calling these people?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Should I bother calling these people?

    I got a few debt letters yesterday, one threatening legal action if we don't pay in 10days. Is it even worth calling to tell them about us filing? Or should I let them do their legal action thing and hope it takes them a month or so? I mean once the 10days is up they'd have roughly 20days to get lawyered up and stuff before we have this baby and are able to file. (our lawyers have everything, we just have to drop off final payment and do the debt education thingy)

    I also got a letter from a hospital I had surgery at last year and the debt's been transferred to a collections agency (we had HORRIBLE insurance at the time so we've got a nasty bill). I'm guessing I can just pass this info onto the lawyer when we file?
    CJ
    341 on 8/3, determined NO ASSET
    60 day wait was over on 10/3/08. Discharged 12/23/08

    #2
    I got one of those letters once too......in January. I did nothing. Ignored it. Nothing happened. Never heard another word. I don't worry about threats. They are just that.....deal with actual legal action if it occurs.

    Do pass all of your debt to your lawer prior to file and make sure every address you can find is on your creditor matrix. I kept all debt collections letters in a file and gave them to my attorney.
    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:

    Comment


      #3
      Ditto to Mom, above: if it ain't a summons, don't worry too much about it.

      You could call them, but unless you have already retained an attorney to whom you can refer their calls, there's not much point. Gernerally they don't believe you, don't care, and/or try to talk you out of Ch7 with a lot of scare talk that's just not true. For me personally, I would rather trim my nose hair with a lit match than bother with calling a creditor. You, of course, may have different luck! Just don't be too surprised if they don't believe you.

      On the other hand, you CAN give them your atty's name and number and request that all further collection activity be referred to him. Per FDCPA, they HAVE to believe that. I'm just not clear from what you wrote (retainer not paid in full quite yet) whether that's an option for you right now. 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!

      Comment


        #4
        Quick question, one creditor called and wanted our attorney's mailing address. This was the first that asked for that. Is this common? We have paid our attorney if full, he hasn't filed yet. Most creditors did quit calling once we gave them his name and phone number, none asked for his mailing address. It appears they are starting to call again, only now they are getting sneaky and blocking the number.
        Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21

        Comment


          #5
          Originally posted by cj0203 View Post
          I got a few debt letters yesterday, one threatening legal action if we don't pay in 10days. Is it even worth calling to tell them about us filing? Or should I let them do their legal action thing and hope it takes them a month or so? I mean once the 10days is up they'd have roughly 20days to get lawyered up and stuff before we have this baby and are able to file. (our lawyers have everything, we just have to drop off final payment and do the debt education thingy)

          I also got a letter from a hospital I had surgery at last year and the debt's been transferred to a collections agency (we had HORRIBLE insurance at the time so we've got a nasty bill). I'm guessing I can just pass this info onto the lawyer when we file?

          Personally I would try to salvage as many accounts as you can that haven't been reported to the credit bureaus. If they have already reported you there isn't much you can do - so I would have fun with them and bother them as much as they bothered me. If they call me once a day I would call them 100

          Comment


            #6
            Call them and give them the BK info. You don't want to spend months or years clearing up unnecessary crap from your credit reports. Playing games will get you nowhere and will cause you more grief in the end. Tell them and be done with it.

            Comment


              #7
              Originally posted by FreshLikeADaisy View Post
              Ditto to Mom, above: if it ain't a summons, don't worry too much about it.

              You could call them, but unless you have already retained an attorney to whom you can refer their calls, there's not much point. Gernerally they don't believe you, don't care, and/or try to talk you out of Ch7 with a lot of scare talk that's just not true. For me personally, I would rather trim my nose hair with a lit match than bother with calling a creditor. You, of course, may have different luck! Just don't be too surprised if they don't believe you.

              On the other hand, you CAN give them your atty's name and number and request that all further collection activity be referred to him. Per FDCPA, they HAVE to believe that. I'm just not clear from what you wrote (retainer not paid in full quite yet) whether that's an option for you right now. Good luck!!!
              Sorry, I fixed my siggy to show that i have indeed retained our attorney.

              I can't wait for this baby to come so i can just call and pull the trigger on this thing!!!
              CJ
              341 on 8/3, determined NO ASSET
              60 day wait was over on 10/3/08. Discharged 12/23/08

              Comment


                #8
                Originally posted by cj0203 View Post
                I got a few debt letters yesterday, one threatening legal action if we don't pay in 10days. Is it even worth calling to tell them about us filing? Or should I let them do their legal action thing and hope it takes them a month or so? I mean once the 10days is up they'd have roughly 20days to get lawyered up and stuff before we have this baby and are able to file. (our lawyers have everything, we just have to drop off final payment and do the debt education thingy)

                I also got a letter from a hospital I had surgery at last year and the debt's been transferred to a collections agency (we had HORRIBLE insurance at the time so we've got a nasty bill). I'm guessing I can just pass this info onto the lawyer when we file?
                If I had a nickle for every time I heard a collection agent threaten legal action against me-- well, I could buy a Big Mac.

                "Legal Action" is a meaningless threat in most cases. It means that they can do any action that is not against the law-- any "legal" action. It does not usually mean that they are going file a lawsuit. Most of the time it means that they will continue to call you on the phone. That's about it.

                People fear lawsuits way too much.
                The world's simplest C & D Letter:
                "I demand that you cease and desist from any communication with me."
                Notice that I never actually mention or acknowledge the debt in my letter.

                Comment


                  #9
                  If you retained your lawyer and talk to one, then give them the lawyers name and number, address if they ask. They might ask when you'll be filing, tell them soon or if you know for sure tell them the day.. What Chapter? Tell them honestly if 7 or 13.

                  I had creditors do that the first week or so after that I've not heard a peep.

                  Keep any letters you receive and take to your next lawyer visit. No doubt his paralegal or him will want to see them.
                  May 31st, 2007: Petition Filed by my lawyer
                  July 2nd, 2007: 341 Meeting Held
                  September 4th, 2007: Discharged and Closed.

                  Comment

                  bottom Ad Widget

                  Collapse
                  Working...
                  X