Should I answer the phone?

[laurannm]

We probably won't be filing until July at the earliest, although perhaps as late as Oct depending on some other factors. We stopped paying and won't be 30 days late until next month (June).

Is there any benefit to me actually answering the phone when the creditors and/or CAs start calling, or should I continue to ignore until I file (and only respond if and when it gets to the point of a lawsuit)?

Thanks

[keepmine]

Personally, I'd just ignore them. The only exception would be to keep them from calling your job or, family members-if that is a concern.

[JRScott]

You don't have to answer it yourself, however as Keep says you want to keep them from having an excuse.

Thus you might want to buy an answering machine. Leave a clear message including your name so they know they have the right number and let it pick up. Turn down the ringer or else use caller ID and let everything you don't recognize get picked up by machine.

[magyar123]

Answer the phone, and when they ask "is this (your name)?" just reply with the question "who"?

[laurannm]

Thanks everyone

I do use Grandcentral and I have a voicemail message that clearly states our names. Some leave messages, some don't

[Critty]

We never answered the calls. My hubby and I decided that either way was stressful but concluded that having to answer and deal with the collectors and their pressures would be more stressful. We got used to the phone ringing and had the ringer set to a different ring if the call wasn't local. I only got tricked one time but a collector calling from a local number instead of a 1-800 or out of area. I just hung up. What is truly amazing is how fast they stop after filing and how nice those were who I did inform myself. Only one guy was jerky saying that my bk# wasn't long enough and wanted me to fax the whole packet to them. Told him to call the bk court and get it himself.

[justplaintired]

We answered once the attorney was paid. Our attorney was willing to handle our calls. Before that we let it ring. And Ring and And Ring, til I thought I would lose my mind. I was worried they would call family members and possibly work, which they did, not good. So answering after awhile was the only chose we felt we had. Anyway it wasn't so bad. Still get collection letter, fun fun! We simply told them we were filing, who are attorney was and gave them his number. We are not filed yet, waiting on stimulus once it's gone we will file. I can't wait as today I got 2 more collection letters, I HATE THOSE!!

[chloe0724]

The letters are way better than the constant calls. I couldn't believe how many times a day they called and when you multiply that by 5 different cards, it almost never stopped. I was also very happy when the attorney let me start sending the calls his way. Everyone was so nice and the house is quiet again.

[Keebler]

I continue to answer all the calls I can and it has been not so bad. At this point the calls have nearly stopped on their own and my wife and I both agree it's weird when days pass without a single call.

I do agree it isn't for everyone and my wife is easily fooled by the high-pressure tactics. If you're the kind that doesn't mind used car salesmen and pushy people in general, then the calls aren't so bad. If you're easily pressured and don't think quickly on your feet then avoiding the calls will tend to cause you less trouble than answering them.

I should probably make a list of typical questions they ask and the answers I've given that hellp to disarm the situation without giving away information or being a lie.

My wife did learn one lesson, pushy people respond to pushy people. One caller, in particular, was getting pretty abusive with her and my wife followed my advice. She stopped the person in her tracks and told her "Look, lose the additude. I'm the ONE person who can make this easy for you or I can make it difficult. I'm the WRONG person to piss-off if you want any sort of cooperation. Do you understand? Lose the additude or this call is going to be pretty damn short. Got it?" Amazingly enough, it was please and thank-you and yes, ma'am from that point on.

[treehugger1]

Here is what I have done.

1) I don't answer any calls marked unknown, 888, 877, private, etc.

2) If the caller leaves a message with a return number, I call them back. If they are a CA, I ask for them to send me written information in accordance with the FDCPA and my state laws. Once I get the letter, I simply state I'm disputing the debt. In another bold-face paragraph I inform them that I am requiring them to cease and desist all telphone communications, and communicate with me only in writing.

3) If they are a creditor (local call or number I recognize,) I answer the phone and discuss that "I cannot pay this bill at this time. I do not know when I can pay a payment, but I'm attempting to work through my current financial situation."

I have not declared BK, but I'm attempting to work out agreements with everyone. I also have no (0) assets except wages subject to 25% after-tax garnishment, and I can survive very well on 75% take-home.

My state laws refer to original creditor collection as well as thrid-party debt collectors. So, in a worse-case scenario I can cease and desist communication with creditors also.

Does sending cease and desist letters speed up lawsuits? I don't think there are any hard and fast rules here. Some claim they do, some claim they do not. If you are unwilling to take the risk, then ignore the calls and should you be sent a summons, you best run down and get the BK filed, if you can't survive a wage garnishment or bank levy.

Different folks have different experiences.

One other thing that I took up doing is to record every call that deals with debt and tell the debt collector that I'm recording. While this is anecdotal only based on experience, once I tell them I record the call, they don't seem to call again until they send the written dunning letter required by the FDCPA after initial contact. At this point I send a cease and desist communication letter US postal Service return receipt. Then, I've never heard from them again, but I do go back to receiving calls from teh original creditor (BOA, CHASE, CITI, etc.) Keep in mind that it seems to be the case that the original crediotrs hire CA's to first attempt to collect the debt on behalf of the creditor. When the CA realizes it won't be a cake-walk, they appear to send the debt back to the original creditor. Again, this is my expereince, and may not be the norm. BUT, if you owe money, operate on the premise that eventually someone will want their money and initiate a lawsuit. If you are trying to buy some time, I wouldn't "purchase" much beyond the moment you receive a summons. At that point, only you can decide whether or not you can survive a judgment and bank/wage garnishment.

Just my opinions and experieinces.

[BigJohn]

Checked my credit report and it says my primary phone is the line I had disconnected. I guess most of the creditors may be calling a line that has been disconnected.