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    ignore or give them lawyer info?

    Should I talk to these collectors and give them my lawyer's number (she said I can) or am I better off blowing them off? I'm still not sure...so far, as I've mentioned, I just ignore them but they are getting really pesky. Will giving them the lawyer info just make them more mad or determined to harass me? Or will it cause them to throw in the towel? My guess is they'll just keep bugging me either way.
    Thanks,
    Lefty
    Filed Ch 7 - January 29th, 2008
    341 - February 29th, 2008
    Discharge - June 20th, 2008
    Closed - October, 2008

    #2
    If you intend to file, and have already contacted a lawyer, just give them your lawyer's name and phone #. And just before you hang up the phone tell them what Cheney told another senator on an open mike on the Senate Floor a few years ago.

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      #3
      Cease and desist letters?

      Hey,

      Have you tried sending out cease and desist letters? Templates can be found throughout the site.

      Personally, I just put THEM on hold. The stranger the music, the longer they listen. If there isn't music available, I just set the phone down and laugh at their threats.

      However, if messing with them isn't for you, try the C/D letters first. There are several TRUE STORIES on this forum from people who have sued for CASH SETTLEMENTS from the BCs due to violation of the letters. Since it is illegal for them to attempt to contact you, your employer, relatives, neighbors, etc. after the c/d letter, people have won $1000+. The key is good documentation, and perhaps a simple phone recorder for < $20. There might even be some shareware which converts your computer into a recorder.

      Don't let them trick you into believing they are more powerful than they really are. I haven't paid my credit cards since Apr 2006. Only 1 company has started arbitration, back in Feb 07, and that still isn't resolved! Turn the tables, send in the c/d letter, and you'll be able to sue them if they keep messing with you!

      Best of Luck,

      WINGNUT
      I AM NOT A LAWYER. I DON'T EVEN PLAY ONE ON TELEVISION. ONLY LAWYERS CAN GIVE YOU LEGAL ADVICE. ETC., ETC!

      Comment


        #4
        I don't think it matters either way. These folks get paid by getting payments out of you and will keep making the calls. Playing games with them is just a waste of time. I don't answer just because it burns up minutes on my cell. Most people will have filed before any adversary actions take place anyway.

        I, may be wrong, but I think the C&D letters are for when the accounts are sold off to collections agencies. If the debt is still with the creditors internal collections folks they can still call. Someone please confirm this.

        Comment


          #5
          Originally posted by jp2861 View Post
          I don't think it matters either way. These folks get paid by getting payments out of you and will keep making the calls. Playing games with them is just a waste of time. I don't answer just because it burns up minutes on my cell. Most people will have filed before any adversary actions take place anyway.

          I, may be wrong, but I think the C&D letters are for when the accounts are sold off to collections agencies. If the debt is still with the creditors internal collections folks they can still call. Someone please confirm this.
          That's my understanding too, JP. About the C&D letters. They only work after your accts have been sold.

          Collectors have heard every excuse/reason in the book. Telling them you're gonna file is kinda like spitting in the ocean. Negligible effect.
          Filed Ch 7 - 09/06
          Discharged - 12/2006
          Officially Declared No Asset - 03/2007
          Closed - 04/2007

          I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

          Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

          Comment


            #6
            The FDCPA only refers to third-party collection agencies (debt collectors), not the original creditor. However, several states (including my state of Oregon) have additional restrictions on original creditors. I've educated a couple of original creditors as to Oregon law. Oregon Law restricts any attempt to collect a debt by contacting you at work more than "once per week." In terms of my cell phone (which is the only phone I have anymore), I just ignore them.

            If you are filing, why not give them your attorney's number? Or, as one poster suggested somewhere on this forum, when you have an attorney, just go online (where possible) and change your phone number to your attorney's number! LOL

            If you're not filing, buy a cheap disposable cell phone, send everyone this number and then don't renew the number the next month. That should keep them busy. In the meantime you can change your current cell number or ask to have your home number changed. I can think of many ways to keep folks away from your "good" number. Unfortunately, many of the things I can think of cost money.

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