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Am I legally obligated to share any info with creditor?

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    Am I legally obligated to share any info with creditor?

    I have elected to take calls for another 30 days until I file.

    When taking these calls from original creditors - am I legally obligated in any way to share information regarding my current financial situation (job status, income ...)?

    In a recent moment of weakness, I volunteered that I was still employed - but when asked by who - I simply said I was self employed. That does not fully explain my current employment status (as I hold another full time job and really can not take calls at work).

    Now I 'm wondering if my response could be a problem.

    #2
    You are not legally required to answer their questions on the phone. Even if they say you are, you are not obligated to answer their questions on the phone.

    The creditors do this to get information from you in hopes that you will say something they can use to collect funds. That is why we normally say do not talk to CA's or even OC's calling for money.

    Having said that, if you decide you want to answer the phone to prevent them from calling you at work then do so. But do not answer their questions other than identifing youself to them so they know they are talking to the right person. I don't know if it really stops them from calling neighbors and family members, there are some lively discussions on this board regarding just that!

    Remember this, the person that asks the questions controls the conversation! You have just as much right to ask questions of the calling should you want to!

    BTW, I don't think your response about your self employment will matter one way or the other. It is probably better you did not tell them you had outside employment, especially if you are considering BK.
    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..

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      #3
      Are you using or Have you retained a lawyer? Some lawyers will allow you to give their contact information even if you haven't paid them in full yet. I hadn't even put the deposit down yet and was told I could do that; however, I was current on all CCs until the day he told me that. By the time the calls started I had paid him so I only dealt with a minimum number of calls. Most of my CCs were satisfied with the attys number even when I didn't have my case number. I heard from all but two only that first call.

      I filed on 2/17 and I received a call yesterday at work from Bill Me Later. I verified who I was with them, then I repeated, "You're not supposed to be calling me." at least three times before hanging up. My co-workers were at their desks and no one knows I have filed bankruptcy. :/ I didn't know what else to tell them without giving away my situation to others around me.

      AC

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        #4
        Lol

        Comment


          #5
          Originally posted by deepin View Post
          I have elected to take calls for another 30 days until I file.

          When taking these calls from original creditors - am I legally obligated in any way to share information regarding my current financial situation (job status, income ...)?

          In a recent moment of weakness, I volunteered that I was still employed - but when asked by who - I simply said I was self employed. That does not fully explain my current employment status (as I hold another full time job and really can not take calls at work).

          Now I 'm wondering if my response could be a problem.
          Oh for Pete's sake! You were 30 days from filing BK? Why in the world would you speak to a creditor at that stage??????

          And the answer to your original question is NO! You do not have to ever speak to any creditor. The less you say to them, the better. And keep your cease and desist communications letters very short and to the point.

          And remember, whenever a creditor or collection agent opens their mouth, they are probably lying.
          The world's simplest C & D Letter:
          "I demand that you cease and desist from any communication with me."
          Notice that I never actually mention or acknowledge the debt in my letter.

          Comment

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