Answer calls from creditors? (+/-)??

[paradise lost]

60 days behind trying to put 90+ from any last charges. Paying still on cards opened in a time frame of 90-120 days (2 cards). DO I take the calls. I feel never will I take a call on my cell phone as if I open that door the wolves will follow . But how about at home? They have been pleasant auto calls or cyborg souning folks or hang ups. Is there a script likely to elicit preferred responses? If I do answer will they call more using what I say agains't me or will they accelerate the process if I do NOT answer the numbing ringing. Put the phone out of reach of my 7 year old and 1 and a half year old. Am now dojng the NEEDS to my home including adding a non permitted room for the kids (1 BR, 1 BA with a wife and baby girl-- luckily we live in the sticks and the boy and I can pee in the weeds ) Any way to keep them from calling work? Both of us work for the State in the Dept of Edumacation. Want to get my tax refund, finish the room and wait until a lawsuit comes down the pike then file. Also want to see if Obama leading will change any of the new laws re Ch13- very unlikely. Not yet freaked out. Just trying to catch up before doing the deed...

[lrprn]

60 days behind trying to put 90+ from any last charges. Paying still on cards opened in a time frame of 90-120 days (2 cards). DO I take the calls.

Here's what most folks in your situation do:
1. Put an answering machine message on that verifies they reached you so they won't have an excuse to move on to your family and friends trying to find you.
2. Listen to whatever messages the creditors leaves.
3. Delete the messages.

The other typical approach is to answer the calls, confirm they are speaking to you, tell them politely that you can't pay right now, then quietly hang up even if they are still speaking. That's what our Ch 13 lawyer advised and we did for the five months we waited to file. This didn't stop the calls, but gave us a consistent plan to deal with them. We also put a message on our answering machine identifying us to take care of that when we weren't home,

I feel never will I take a call on my cell phone as if I open that door the wolves will follow

Smart. Again, same routine as the home phone.

If I do answer will they call more using what I say agains't me or will they accelerate the process if I do NOT answer the numbing ringing.

Not answering ever and not leaving some way for the creditor or collection agency to know they reached you very rarely accelerates anything but does legally open the door for them to start calling family and neighbors to try and find you.

Any way to keep them from calling work?

Yes, the first time they call, tell them you are not allowed to take personal calls at work and hang up. If they persist, send the creditor or collector a "cease and desist" registered return receipt letter stating they cannot contact you at work. You can also send your creditors and collectors a RRR letter stating they can only contact you by letter, no phone calls - some creditors will honor this request, some won't. But it can significantly reduce the number of calls you do receive.

Also want to see if Obama leading will change any of the new laws re Ch13- very unlikely.

I wouldn't hang my hat on this. The mortgage language that's been inserted in any of the stimulus packages so far won't be of much help to most homeowners even if it passes. Any mortgage bailout attempts are a mountain the financial lobby is more than willing to die on trying to block. That lobby might be seriously ill at the moment, but they aren't dead. And congresspeople still need serious money to get re-elected.

[optimistic1]

Is it not beneficial for us to tell the creditors we are filing for a bankruptcy, here is my attorneys phone number, call them.

[lrprn]

Is it not beneficial for us to tell the creditors we are filing for a bankruptcy, here is my attorneys phone number, call them.

If your lawyer said that's ok to do that, then that's fine - that's what you should do. However, some lawyers don't allow this, so be sure yours is ok with it.

We've had members who told creditors and collectors they were filing and given them their lawyer's number to call, but they still continue to get calls. Frankly until the day you actually file for bankruptcy, creditors and collectors can call you as many times as they want between 8 am and 9 pm your time daily - the allowed timeframe set by the Fair Debt Collection Practices Act.

Here's the link to the actual FDCPA law http://www.ftc.gov/bcp/edu/pubs/cons...edit/cre27.pdf and here's a more user-friendly link explaining in plain English what your rights are under this law - http://www.expertlaw.com/library/con...ollection.html

[optimistic1]

I dont mind if they call me, heck Ill talk sports or weather with them, and ask them how their day is going.

One thing I will mind, is, that when I tell them I am filing a BK, that they still proceed to sue me and garnish.

As, I am not going to be actually filing for many months.

[paradise lost]

Thanks all. I have us identified on the answering machine. I think I'll start answering the phone on weekends and state I can't pay and am working on a solution to meet the creditors and my needs, no mention ever of BK. Am finishing up on the house needs and car has been bought so I have a reliable rig for the 5 years. Putting off the inevitable hopefully for 3 more months but w/ 70K in CC am happy to have skipped them for the poast 2+ months. The advise here has made me realize this is business and we aren't "bad" people. Will never do the CC debt again. What a learning experience. Still have a 3rd vehicle (97 Tahoe) which I won't sell- wife wants me to- but I don't want any extra eyes on us for such activities... Aloha All!!