Question Refer collectors to attorney?

[IamOld]

I think I asked this before but I'd really really could use input - my filing may be weeks - perhaps 2 months away.

SHOULD I be referring the gazillion collection calls to the atty? The atty says YES, BUT - am I giving a "heads up" to someone to essentially say, hey, let's sue this person BEFORE the filing? OR does that - to some creditors mean - "forget it?".....


Thanks in advance to all!!!

[shark66]

If you're really filing within the next two months, who cares? You're next to untouchable...

Personally, I wouldn't be picking up the phone at all until I had the case number to give to all of them and send them on their merry way, but that's me.

Good luck.

[tobee43]

my atty said to refer all the calls to the firm. but the creditors kept calling anyway. however, if you filed and have a docket number, you tell them and it is a violation of the stay if you have filed. our atty only because we waited so long, even wrote each of the creditors a C/D letter...it didn't stop the calls. can you believe?

i agree with shark, i would turn off the phone...it will over soon, so hopefully you'll be fine. i know the calls are a pain.

[IamOld]

Thank you SHARK and TOBEE - I agree with you both - I'm ok with the calls...in my weird mind, I just don't want to give anyone a heads up - ALTHOUGH I will have to give it to one outfit because of an impending repo (not car - it's ok - they can take it) - but I'm too much of a coward to have done it yet...

FOr the rest - yep, I'll wait until our next meeting with the atty - about 2 weeks - hopefully he'll let us know what we're doing and when...at least spouse OR me needs to get going with this!!!!!! Probably will be a Ch13...which I'm learning not to fear :-)

[StartinOver]

The BEST thing I ever did, was get over myself and my fears about tipping my hand. I was feeling cowardly about telling the creditors, too, but I realized that when I'm freaked out, I talk too much, anyway, so I was likely tipping my hand anyway.

So I passed the attorney's name and contact information and I've told the creditors only that we are insolvent, we have retained this attorney and we have not yet determined which chapter we need to file under. Within 45 days, the calls have all but dried up. Every so often a new credit collection agency gets involved, makes ONE call and goes away when they have the attorney's number. We're shaping up to be a no asset chapter 7, so there isn't exactly any blood in the water to make them want to actually take any adverse actions against us. We haven't used a credit card in over a year and a half, and haven't paid any in about a year, either. We did bring our student loans back to current status and have been paying those. So nobody is calling us, mostly.

[discouraged]

I waited until after I filed so I could seriously tell them - don't call me again or we WILL see you in court. Amazing how quickly the calls stopped.

[tobee43]

The BEST thing I ever did, was get over myself and my fears about tipping my hand. I was feeling cowardly about telling the creditors, too, but I realized that when I'm freaked out, I talk too much, anyway, so I was likely tipping my hand anyway.

So I passed the attorney's name and contact information and I've told the creditors only that we are insolvent, we have retained this attorney and we have not yet determined which chapter we need to file under. Within 45 days, the calls have all but dried up. Every so often a new credit collection agency gets involved, makes ONE call and goes away when they have the attorney's number. We're shaping up to be a no asset chapter 7, so there isn't exactly any blood in the water to make them want to actually take any adverse actions against us. We haven't used a credit card in over a year and a half, and haven't paid any in about a year, either. We did bring our student loans back to current status and have been paying those. So nobody is calling us, mostly.

excellent way to handle the this stressful situation. the last thing anyone needs during this time is to lift the phone up and get nasty people who really can care less that your losing your home, your job, your life...

we had to take the calls for about nine months before we left the state after 33 years, got an un-listed number...left no forwarding address...they were ALL SOL!!!

however, there was some karma here for us......LOL!!!!!!!!! the phone number this NICE unlisted new number, well the previous person who had our number apparent they owed everyone and their mother and their mother's mother!! when i picked up the phone they said, i was a liar and i was that person. we did call the phone company and they claimed the number was NOT used for 2 years...don't believe that for a moment. we were going to change number, but instead i answered the phone each time got a call back number a person's name etc., and then turned their a**es into the FTC...each and everyone of them. now, we get NO calls..

[IamOld]

THanks EVERYONE!!!! I like the phrase - I'm insolvent and I am filing something...that's a nice phrase to use...well, have to email a secured creditor (not cars - so it doesn't matter) - at least I don't have to talk to them :-) Shame is, they were the ones who worked with me the most. THey REALLY REALLY don't want their stuff back!!!!! It still kills me that as much of an insane struggle it would have been working basically 100 hours per week to get this crap paid off through credit counseling outfit, that ONE - ONE creditor just wouldn't work with me, lied to me, their law firm lied to me and is now suing me - which is why I am where I am....

Oh well - StartOver - I too brought student loans current - finally got retroactive deferment for when I was mostly unemployed...eight months later - it only took them eight!!!!! months to believe me!

And as thank you Tobee!!! Hope to join you (at least in spirit) over the rainbow one of these days!

[tobee43]

THanks EVERYONE!!!! I like the phrase - I'm insolvent and I am filing something...that's a nice phrase to use...well, have to email a secured creditor (not cars - so it doesn't matter) - at least I don't have to talk to them :-) Shame is, they were the ones who worked with me the most. THey REALLY REALLY don't want their stuff back!!!!! It still kills me that as much of an insane struggle it would have been working basically 100 hours per week to get this crap paid off through credit counseling outfit, that ONE - ONE creditor just wouldn't work with me, lied to me, their law firm lied to me and is now suing me - which is why I am where I am....

Oh well - StartOver - I too brought student loans current - finally got retroactive deferment for when I was mostly unemployed...eight months later - it only took them eight!!!!! months to believe me!

And as thank you Tobee!!! Hope to join you (at least in spirit) over the rainbow one of these days!

good luck to you...YOU CAN DO this and will!!!! make sure you keep posting to update us!

and, yes, "over the rainbow" is a nice place to be..

[IamOld]

good luck to you...YOU CAN DO this and will!!!! make sure you keep posting to update us!

and, yes, "over the rainbow" is a nice place to be..

THANK YOU!!!!!! I most certainly will...next meeting with atty is in 2 weeks!!!!

[tobee43]

...you'll do just fine!

[IamOld]

...you'll do just fine!

thank you!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!

[corrin69]

If you are two months from filing, you have nothing to worry about. You could basically pick up the phone, say "nah nah, nah-nah nah" and then dare them to sue you and, even if they ran to the courthouse after you hung up on them, they will be unable to do anything. Even a small claims matter will take a couple months to go through a hearing and then it will take the attorney months to enforce the judgment.

I would tell them you are filing and give them your attorney's name. After that, they would be in violation of the Fair Debt Collection Practices Act if they called you again. Once you tell a "debt collector" that you are represented by an attorney regarding the debt, it is unlawful for them to contact you further.

[IamOld]

Thanks corrin69 - the problem is that I live in a state that hates its own citizens. I've got one lawsuit for which the initial appearance is the end of next week. Then (I pray) they set the trial for a month or two later (depending on how busy the courts are) - then I will lose, and in my state they can force you OR ELSE - to disclose all your assets, etc., and get the garnishment w/in TEN days of losing. If that happens, I need to hire another lawyer to exempt my bank acct which you can do in my state from being frozen - I hope - before it is frozen....

[corrin69]

Thanks corrin69 - the problem is that I live in a state that hates its own citizens. I've got one lawsuit for which the initial appearance is the end of next week. Then (I pray) they set the trial for a month or two later (depending on how busy the courts are) - then I will lose, and in my state they can force you OR ELSE - to disclose all your assets, etc., and get the garnishment w/in TEN days of losing. If that happens, I need to hire another lawyer to exempt my bank acct which you can do in my state from being frozen - I hope - before it is frozen....

Did you file an Answer to the Complaint? Is this Small Claims?