Creditors starting to call me

[storesstores]

I sent back my questionnaire to my BK attorney yesterday. I know its going to take about 2 months before the paralegal enters all the info into the software then for me to get back the package to review and check for accuracy. Then I have to mail it back again. I estimate about 2 months from today for me to officially file...

I got my first 2 calls from creditors yesterday and today notifiying me that I am past due...(I was never ever late on anything before but obviously I'm not going to pay anymore if I am filing BK 7)

My question is:

What should I tell the creditors on the phone?

[lrprn]

What should I tell the creditors on the phone?

The best approach is to tell them nothing. Every time you speak with a creditor, it's possible you may accidentally say something that could be used against you after you file.

The best option - if you don't already have an answering machine and caller ID, get them. Create an answering machine message that clearly identifies you by name so that the creditors and collectors can't call friends and family to find you (the only reason by law they are allowed to call anyone but you). Let caller ID screen your calls. Listen to the messages if you wish. If any violate the Fair Debt Collections Act http://www.ftc.gov/bcp/conline/pubs/credit/fdc.shtm , save those - you can work with a consumer lawyer to sue them for violating the FDCA law.

If you must answer, identify yourself by name if asked and ask the caller to identify him/herself and who they are calling for (that's also required by law). Then quietly hang up. Nothing requires you to speak to creditors or collectors.

If the ringing is driving you crazy, try putting the phone under a few pillows for awhile. It mutes the rings and still lets you check the caller ID so in case it is a friend or family, you can answer the call. Some even turn the ring off completely and tell family and friends to call their cellphone or leave messages.

You are in total control here - they are calling your home. Do whatever works for you to get through the pre-filing constant calls - it will end very soon after you file and can give all the callers your case number.

[storesstores]

My lawyer told me to tell the creditors that call,

"I have retained an attorney to file Bankruptcy. Here is his name and number, any questions call him"

What do you think?

[CityGirl]

You can just turn the ringer off on the phone too!!!
Wow, 2 months before they will file? My attorney said, fill out the paperwork, drop it off with a check and he'll file immediately.
I'd never be able to be that patient!

[lrprn]

My lawyer told me to tell the creditors that call, "I have retained an attorney to file Bankruptcy. Here is his name and number, any questions call him" What do you think?

This is fine to do as well. AFter you say this, most creditors and collectors will decrease the frequent calls, but every once in a while you will get one that continues to burn up the dial. The creditors are not required to stop calling until you actually file and give them your case number.

[familyof7]

Yes I agree tell them your attorneys info.

[JRScott]

My lawyer told me to tell the creditors that call,

"I have retained an attorney to file Bankruptcy. Here is his name and number, any questions call him"

What do you think?

Do this, this is why your paying the lawyer.

I gave it to the folks that were calling me, and calls dropped dramatically over the weeks until I filed. Now some still called like once a week but that was better than 8 times a day.

[finallyfree!]

Stesstores has it stated perfectly!

[PaKettle]

Welcome to the club! We're getting about 10 calls a day, and some at work, and it does get annoying. Since you have already retained an attorney (we haven't yet), just answer and give them your attorneys name and number, that is all you are required to do. That should slow them down. You could even put it on your answering machine if you don't mind your friends and family, work, or etc. knowing that you have filed. "To all creditors, please contact my attorney, [Name] at [number]".

We turn the ringer off, turn the volume down just low enough to hear it but not annoy us, and when a creditor calls we turn the volume off til their done, then immediately erase it. It's only for a month or two or three in most cases, so it isn't that bad. Though I must say I am looking forward to the day when I can give my attorney his retainer fee so that I can refer them to him!