Would this be considered harrassment?

[twuoo]

I get between 8-10 calls a day from the time I wake up to the time I sleep from the same phone number. That's not including all the other numbers that call, so really, I end up getting about 20 or more calls a day. I've started to track the numbers in excel. Sometimes the numbers call me within 20 minutes of the last time they just called.

Any thoughts?

[lrprn]

I get between 8-10 calls a day from the time I wake up to the time I sleep from the same phone number. That's not including all the other numbers that call, so really, I end up getting about 20 or more calls a day. I've started to track the numbers in excel. Sometimes the numbers call me within 20 minutes of the last time they just called.

Regretfully until you file bankruptcy or pay the debt, the only limit on phone calls is the time of day the creditors and collectors can call - only between 8 am and 9 pm - see http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#808

Does your answering machine message identify you specifically by name? Are answering the calls or just letting them ring? There are some good approaches to dealing with the call craziness if you can share a little more about what you are doing now to deal with them.

[WantToBeDebtFre]

I have the same problem. I changed my home phone number (for another reason) and it didn't take long for my creditors to find my cell phone number. My cell phone is going off at least ever half hour all throughout my work day from the same phone number. 407-771-0978 - Chase. I already told them I was planning on filing and they said they would note my account but they still keep calling. I can't wait until I actually file - then they can't call you anymore.

[qwertysue]

would a cease and desist letter provide some relief?

http://www.cardreport.com/credit-problems/collection-faq.html

section 805 of the Fair Debt Collection Practices Act:

"(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt."

So the consumer can just send a third-party collection agency a written notice (preferably citing the FDCPA), ordering them to stop the collection letters and calls, and the agency is legally obligated to comply. The only permissible contact thereafter is to notify the debtor of specific "remedies," like legal action, but usually the collectors won't even bother.

If the creditor hasn't yet made a decision on whether or not to file a lawsuit, then that decision may be made at this point, rather than being delayed.

After a "cease and desist" notice from the consumer, the debt may then be returned to the original creditor, passed on to another third-party agency, or simply filed away, depending on the circumstances. The agency may still report the account to the credit bureaus.

[lrprn]

would a cease and desist letter provide some relief?

Creditors often will honor a cease and desist letter that is sent registered return receipt to prove they have received it. It is always worth doing, although the costs of sending the letters to all harrassing creditors can be a bit pricey. Most mainline creditors will honor a letter like this and stop calling.

However, since creditors and collectors know that you are broke, the chances of you pursuing them in court for violations is very small. Some (especially bottom-of-the-barrel aggressive collectors) will often continue the calls anyway. But then you can pursue them with a consumer protection attorney for violating the FDCPA law and you just might collect some $$ along the way - $1000 for every violation - just keep meticulous records or record the calls if your state allows this

[genseeker]

You have the option of reporting the calls to your phone company as harassing. I did that before with a CA, however in that case the CA was looking for the people who had the number before us. The phone company quickly put a stop to it.

[Minnymouth]

When you send the cease letter it provokes the cc company to go ahead and pursue lawsuit and garnishment proceedings.

So which is easier to deal with, phone calls (use answering machine) for a short time till you file...... or get flooded with lawsuits, garnishments, before you are ready to file.......

A little harrasment can be a good thing - it can really open your eyes to the situation at hand and that you need to deal with it head-on...... It will encourage you to get your ducks in a row, contact your attorney, and proceed with filing bankruptcy if that's what you really need to do.....

If you are stalling the creditors, then just be as patient as you can with them till you do file....... remember - you do owe them!!! They have a right to inquire "why" your not paying them....