I received a call from an investigator stating that a charge of theft has been filed against me. She said if their legal dept gets involved than it will get ugly. She is referring to the vehicle we have (and are going to surrender) when we file ch7bk. Has anyone else dealt with this, is this something to worry about? We tried early on to surrender the vehicle with the creditor but they wanted to work out pymt plans and such, they would not meet us somewhere and take the vehicle. We are set to file any day now, lawyer has everything and just sr. lawyer looking over petition to make sure everything is correct. I don't think i can take any more stress over this, i feel like i am smothering as it is!!!
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Do not worry. It is not theft. It is non payment. The collections dept will say whatever they can think of to scare you so much you make a payment! Since you are filing in a couple of days - ignore them.Filed CH 7 9/30/2008
Discharged Jan 5, 2009! Closed Jan 18, 2009
I am not an attorney. None of my advice is legal advice in any way.. -
Actually, it sounds illegal as to how they approached you. They cannot say you'll go to jail, and that it's theft, when it isn't.
Wow... just wow.
Did you let your lawyer know about this call? Did you tell them on the call to talk to your lawyer?Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.Comment
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Retained bk7 laywer 8-12-08, Filed 12-22, 341 Meeting Scheduled 1-29-09
Discharged 4-17-09!!!
Reason for filing: Medical, NOT irresponsibility with credit.
"Sometimes you have to fall before you fly"Comment
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justbroke, i did tell them to call my lawyer and she asked oh are you filing bk? i said i didn't know what i was doing but had lawyer retained and she could talk to him. she got real nice after that and told me that 'eric' would be calling me tomorrow to discuss things further.Comment
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Tell eric to pound sand...I bet you wish you had that call recorded. The nerve!!!Comment
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Tell Eric, or whomever calls that you are represented by an attorney reference this matter. They can feel free to have their attorneys call your attorney but that you have now advised them in a recorded conversation that you are represented by an attorney and thus you will answer no more questions.Comment
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Well Eric called today, so did Inspector Blair, he he i think they are both full of s**t! Anyway we officially filed so when she called again i told her i had a case# for her. She was so nice and informed me she would let Eric know and my case would be closed, lol!Comment
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When anyone talks like that to you on the phone and threats are made, get the person's name if you can and just hang up and inform your attorney of the call. It's not worth the stress._________________________________________
Filed 5 Year Chapter 13: April 2002
Early Buy-Out: April 2006
Discharge: August 2006
"A credit card is a snake in your pocket"Comment
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Inspector Blair my eye.Originally posted by jandrl2001 View Post
What flagrant BS that was.
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or just push the record on your cell phone. just politly say, "excuse me can you repeat yourself" and record. You will have a nice settlement
9/22/2009 - officially filed chapter 7
11/03/2009 - scheduled 341
- COMPLETED
01/04/2010 - last day for objections
01/11/2010 - DISCHARGED & CLOSEDComment
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It would have been interesting to hear what their response would have been to that. Probably a hang up on their end.Originally posted by drowningNdebt View Postor just push the record on your cell phone. just politly say, "excuse me can you repeat yourself" and record. You will have a nice settlementComment
Bankruptcy Wizard
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