What to do now

[rjk]

Well they have started calling 24 seven . Getting ready to file just had a meeting with one att and getting ready to have another one. We have to get some ducks in a row before we can file. At least according to the first one. May not be able to file till the first of the year. I have not answered the phone just wish they would not call. lol The means test online is hard to understand . May be someone on here can give some tips as to doing it. We live in Louisana. The last att said that we have some time I did not understand what that means. Any advise is helpfull Thanks RJK

[lillymarlene]

Hi, Welcome. There is lots of good advice here. I know, a couple of years ago, it seemed like I was receiving continuous phone calls, though they are "legally" permitted to call from 8 A.M. to 10 P.M. I just let my answering machine pick up most of the time, and thank goodness for caller id If nobody has sent you a summons that they are going to sue you, and the phone calls have just started, you probably do have some time to carefully plan this carefully.

[LadyInTheRed]

If the phone calls just started, you are unlikely to get sued by a creditor before the first of the year. You probably have longer than that. If you receive a summons, you will have time to file BK before they get a judgment. That's what the attorney means when he says you have some time.

You could try answering one call from each creditor and telling them you are having financial difficulties, are exploring your options and will know more in 30 days. When I did that, it stopped some calls for a while, but not all of them. Caller ID was the best way to deal with the calls.

You'll need to ask some specific questions to get help with the means test. However the online means test comes out, don't rely on it. It is tricky and your attorney will know best how to complete it.

[bcohen]

Generally speaking, you have absolutely nothing to gain from talking to creditors. When I defaulted on all of my debts, and the collection calls started coming, I explained to them that I had lost my job, and with no income, I couldn't pay. Even after telling this story again, and again, they'd keep calling, some days every hour. I don't know if they thought I'd magically find a job from one hour to the next, or if they just didn't believe me, but the calls didn't stop--or even slow down--just becase I said I couldn't pay. What did get the calls to stop was when my cellphone got terminated for nonpayment, and I replaced it with a home phone that has an unlisted number.

My advice is to either let the collection calls go straight to voice mail/answering machine, or if that gets too annoying, to change your number and make it unlisted.

[btbeme]

<<<sigh>>> There ought to be a law... Oh wait...there is a law that protects your rights (find them elsewhere in these forums).

Until you have an actual Ch 7 case number (happens upon filing) the only thing you will get is their undivided attention.

Unlike some others, I believe in answering the phone and identifying myself every now and then. That seems to keep them from calling friends, neighbors, and relatives hoping to "find" you. Give them your name, and politely explain you are doing what you can and hope to be able to do better soon and thanks for their concern. Then give them the dial tone. Turn off the ringer. Do not agree to anything they ask. If you mention BK, that could persuade them to file a suit ASAP, making it a more difficult time before filing BK than it needs to be. Just be politely vague.

Once you have the filing, have that number, your attorney name, and your atty phone number by the phone. Answer and politely explain that you have filed and here is the info they will need. Then enjoy the peace and quiet.

[duraflame]

I just filled out the cease and desist letters. I knew I was going to be filing within a few months of filling those out, so I really had limited phone calls and none after the letters were filled out.

[joshuagraham]

It depends on your exact situation. If you have cash sitting in some account that are you planning to dispose somewhere (e.g., buying an exempt asset, funding a medical procedure, rolling over to an IRA, etc.), then it would be in your best interest to "play ball" and at least talk to your creditors, making them think that you might not have to file for BK after all, so that the don't start to sue you. The best thing to do is to tell them that you have consulted with a BK attorney, are now considering your options, and are willing to entertain any offers. When tyey ask why, simply respond with, "I have decided after consultation with an attorney - who I have not officially hired to file for BK as of yet - that due to my financial circumstances, it would not be in my best legal interest to continue to make payments on my debts." If they ask whether you are working, etc., just say that you have been advised not to divulge any other specific information until such time that further legal action is taken.

If you decide to go cold turkey on your creditors, keep in mind that probably they will somehow locate your relatives, current & former employers, girlfriend from 5th grade, etc., and hound them (OK, maybe not 5th grade, but you will be amazed at who they will call!) Whenever someone associated to me like that got a call, I would very, very strongly tell them not to call those folks anymore less I report them to the FBI (or pick your favorite nasty sounding governmental acronym.)

I set up a spreadsheet with each creditor and the phone number that would be used, so I knew who was calling. I would take a call about twice a month. I would also mention that I had the option in my state to record phone conversations without having to get or even ask for permission from the other party. I believe that LA is a state like that as well. That seemed to work wonders with Chase, as once I mentioned that, the caller would not continue. Interestingly, the Indians (i.e., Hindi Indians from Asia) who worked for the collection agency for American Express had no problem with me recording the calls!

And yes, once you officially hire & pay your attorney to do the filing (at which time (s)he will start doing the paperwork, with the filing date being within a week or two), you just say that you have decided to file for BK, and your attorney's name & phone number is ... I never got any calls after telling them that. And indeed, once the BK was officially filed, all calls stopped!

[keepsmiling]

Get Google Voice yesterday and save your sanity and your answering machine.
Those calls WILL drive you to the brink. Especially if you have guests.

[duraflame]

I guess I don't understand the need for having a Google Voice or a home phone? I was getting a ton of calls, but the cease and desist worked perfectly. If they were to ever sue you, you would get notified by mail regardless. If you know that you are going to file and just waiting out the time I have no idea why anyone would keep the phone calls coming in, whether on an answering machine or not. My life went back to semi-normal with the calls being stopped.

[Tater]

Get Google Voice yesterday and save your sanity and your answering machine.
Those calls WILL drive you to the brink. Especially if you have guests.

Yes, set up Google Voice. It saved our sanity before we filed bankruptcy. Once we filed and had our case number, it was a pleasure to speak to the creditors... LOL!

[alo]

I guess I don't understand the need for having a Google Voice or a home phone? I was getting a ton of calls, but the cease and desist worked perfectly. If they were to ever sue you, you would get notified by mail regardless. If you know that you are going to file and just waiting out the time I have no idea why anyone would keep the phone calls coming in, whether on an answering machine or not. My life went back to semi-normal with the calls being stopped.

I will not be filing for at least 3-4 months. The phone calls are to our home phone which we never use. No answering machine. And, I received one letter from a collection agency. I imagine they will track down my cell phone soon. I would like to send cease and desist letters telling them that I only communicate financial matters in writing. Is that what you did, Duraflame?

I did have one attorney consult that said once I signed up with him, that I could send all my calls to his office, even before I filed. Haven't hired one yet because I know I have a few items to clear up AND I am waiting to see if my salary is reduced, again.

[duraflame]

I will not be filing for at least 3-4 months. The phone calls are to our home phone which we never use. No answering machine. And, I received one letter from a collection agency. I imagine they will track down my cell phone soon. I would like to send cease and desist letters telling them that I only communicate financial matters in writing. Is that what you did, Duraflame?

I did have one attorney consult that said once I signed up with him, that I could send all my calls to his office, even before I filed. Haven't hired one yet because I know I have a few items to clear up AND I am waiting to see if my salary is reduced, again.

Hi, yes that is what I did. Actually BoA (Bank of America) let me request it over the phone without signing/sending a letter back. Chase, I just told them that's what I wanted to do and they sent me a letter I had to sign and send back. Most will do it temporarily I noticed for at least 30 days and then permanently afterward.

[alo]

Hi, yes that is what I did. Actually BoA (Bank of America) let me request it over the phone without signing/sending a letter back. Chase, I just told them that's what I wanted to do and they sent me a letter I had to sign and send back. Most will do it temporarily I noticed for at least 30 days and then permanently afterward.

Got it! I didn't realize that you called them for their form requested that they cease contact via phone calls. I assumed you wrote one up and sent it to them. Thanks.

[ld2366eh]

My attorney told me I could give out his name and number when they called and that's what I did. That took care of at least 90% of the phone calls. A couple sent me letters asking me to verify my attorneys info ( I ignored.) the only persistent ones were my timeshares. Everyone else pretty much quit calling.

[duraflame]

Got it! I didn't realize that you called them for their form requested that they cease contact via phone calls. I assumed you wrote one up and sent it to them. Thanks.

They were calling so much that I didn't have to call them to request it, I just asked after listening to them try to offer settlements, etc... good luck!