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The creditors have started calling...

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  • The creditors have started calling...

    Well, it's finally begun. I was told by my attorney to stop making my payments on my credit cards and car loan. I'd never missed a payment before. Now, the car loan company has started calling multiple times a day (I usually just have my phone on vibrate), and some of the credit card companies have tried to call me, as well.

    I'm not sure what to do about it. Do I just ignore them? Tell them that I plan to file bankruptcy? Refer them to my attorney like he said I should?

    Part of me is just afraid to tell them anything because I don't want to spur them into action any sooner than if I had just ignored them.

    On a positive note, it's not nearly as bad as I had expected.

  • #2
    How long until you plan to file?

    You can't put them off indefinitely telling them that you are filing bankruptcy..I didn't tell any of my creditors (except IRS) until I filed.

    Personally, I would ignore the calls from the cc companies. If a creditor is getting particularly annoying (like your car company) I would have them contact the attorney - since they could repossess the car if you just ignore them too long. Do you plan on keeping your car and paying through your CH13? If you want to continue paying that outside the plan, you should be making those payments...but clarify with your attorney before doing anything.

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    • #3
      Originally posted by murph996 View Post
      How long until you plan to file?

      You can't put them off indefinitely telling them that you are filing bankruptcy..I didn't tell any of my creditors (except IRS) until I filed.

      Personally, I would ignore the calls from the cc companies. If a creditor is getting particularly annoying (like your car company) I would have them contact the attorney - since they could repossess the car if you just ignore them too long. Do you plan on keeping your car and paying through your CH13? If you want to continue paying that outside the plan, you should be making those payments...but clarify with your attorney before doing anything.
      I plan on giving up the car as it's a lease that has become way too cost prohibitive to keep. I'm hoping to file within 3-6 months, depending on how quickly I can pay the attorney.

      Comment


      • #4
        OK. It makes sense not to make those payments then if you can live without the car sooner rather than later. How late is the payment at this point? I know when I was late on car payments in the past they'd call pretty quickly--even within the grace period in some instances.

        I would just let the credit card calls go to your voicemail. You won't get sued between now and when you file. Once you file then I would start answering any calls to stop the annoyance.

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        • #5
          If you don't ever answer your phone, eventually they'll start calling your family members and neighbors and ask for you. That could get embarrassing.

          I didn't answer my phone every time but every so often, I'd answer and tell them that I couldn't pay right now because of financial problems and would not give any more information. I wouldn't explain my financial problems or update information in their database (like "do you still have a job", "are you still paying your mortgage", "is this a cell phone or land line"). Absolutely nothing other than I can't pay now and I'm not sure when I'll be able to pay. Some would get pretty ugly but I stonewalled them and they gave up. Others would just say thank you and hang up. Either way, it keeps them from calling your family and neighbors.

          I did not tell any of them I was going to file bankruptcy. I only told them after I filed AND had a case number. I don't see the benefit of telling them you're planning to file.

          Since you just stopped paying, the calls probably aren't that bad yet. Give it some time. I would turn my phone to mute and take a nap. I'd wake up a few hours later and have a dozen missed calls. They are relentless.

          Hope that helps.
          Chapter 7, above median, no asset. Discharged with no UST involvement.

          Comment


          • #6
            In my experience, the cc companies never called family or neighbors..before they sold off the debt. The car company may call others rather quickly.

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            • #7
              Originally posted by TXskyblue View Post
              If you don't ever answer your phone, eventually they'll start calling your family members and neighbors and ask for you. That could get embarrassing.

              I didn't answer my phone every time but every so often, I'd answer and tell them that I couldn't pay right now because of financial problems and would not give any more information. I wouldn't explain my financial problems or update information in their database (like "do you still have a job", "are you still paying your mortgage", "is this a cell phone or land line"). Absolutely nothing other than I can't pay now and I'm not sure when I'll be able to pay. Some would get pretty ugly but I stonewalled them and they gave up. Others would just say thank you and hang up. Either way, it keeps them from calling your family and neighbors.

              I did not tell any of them I was going to file bankruptcy. I only told them after I filed AND had a case number. I don't see the benefit of telling them you're planning to file.

              Since you just stopped paying, the calls probably aren't that bad yet. Give it some time. I would turn my phone to mute and take a nap. I'd wake up a few hours later and have a dozen missed calls. They are relentless.

              Hope that helps.
              My advice, exactly.
              LadyInTheRed is in the black!
              Filed Chap 13 April 2010. Discharged May 2015.
              $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

              Comment


              • #8
                Some of the best advice I've seen also is to access your accounts online and change as many phone numbers as possible before you file. This has helped cut down the calls but i do agree they are relentless.

                Comment


                • #9
                  Google Voice will save your sanity.

                  Keep On Smilin'

                  Comment


                  • #10
                    Give them your attorney's name and phone # and tell them you're filing. When I did that most of my creditors were polite and accepting and stopped calling almost immediately.
                    In addition you can write (or fax or call them) with a Cease And Desist letter. You can find copies of these on line. Google: 'examples of cease and desist letters'.

                    Comment


                    • #11
                      Originally posted by keepsmiling View Post
                      Google Voice will save your sanity.
                      Oh, I hadn't even though about using my Google Voice number.

                      Fortunately I screen my calls, anyway, so it hopefully won't become too much of an issue. If it does, I'll refer them to my attorney.

                      Comment


                      • #12
                        Your phone will ring incessantly soon.
                        It can drive you crazy and if you have visitors, could be embarrassing. I was ready to jump out a window.
                        Think about forwarding them to GV.

                        Keep On Smilin'

                        Comment


                        • #13
                          I just got our first call. I didn't answer I set up a Google Voice number a couple weeks ago, but missed changing our number with Discover. My husband's work number was also on the account when I accessed it just now. I changed the home number to GV and removed his work number. I really hope they don't have these old numbers on file somewhere now that we're past due. Would they immediately start calling his office too?

                          Comment


                          • #14
                            They'll call any contact number that they have.

                            Comment


                            • #15
                              I stopped paying in January and we filed in November. I held them off with Google Voice and hardly spoke to anyone. One did call my office once but I just informed them that I couldn't take personal calls and that they should call my cell phone. In October (10 months after defaulting) they finally started looking at old phone numbers and called my parents. I told them they couldn't call that number either and they complied, and we filed a month later. Also, I wouldn't even go as far as saying "I can't pay." When they would call and I did answer, they'd go through the whole schtick of verifying my identity, informing me that the call was being recorded, anything I said would be used against me to collect the debt, etc... When they finished I'd say "I'm sorry but I don't discuss financial matters over the phone, you may write me at the address you have on file." and then politely ended the call. Don't give them any information-you have nothing to lose by NOT telling them anything.

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