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Collector call

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  • Collector call

    So a collector called tonight. I said that he should call my attorney. He said "Do you have her phone number" so I gave it to him. He said well that is..and he named the name of the three attorneys that have their name on the sign and said my attorneys name wasn't there. I said that there are more than 100 attorney in the office, you should just call and give them my name and they can direct you to the right person. He said we don't really call and then acted like I gave him a bogus number LOL. He started to ask me a question and I stopped him and said "yeah, yeah I know call your attorney".

    I'll be filed in a couple of weeks so I hope that stopped him from calling but if it didn't oh well.
    Filed 11/17/11 Chapter 13, 341 meeting 12/21/11. Plan confirmed 1/19/12 - DISCHARGED 12/16/15

  • #2
    Thats all that will happen.

    You stop them and give them the number.. If they don't like it... Tell them to tell that your your attorney.
    8-25-2011 - Free Consultations. -- 9-03-2011 - Decided to file Pro Se
    9-15-2011 - Filed Chapter 7 Pro Se -- 10-17-2011 - 341 Meeting/No Asset Case
    Discharged 12-21-2011 - Case Closed 12-27-2011 - Another Pro Se'r has done it!!

    Comment


    • #3
      I had collectors tell me that without a case number, they would continue calling. I thought that was BS, because the verbiage in the Debt Collection act said that as long as the debtor can easly give the name, phone number and address of the attorney, they have to stop contacting you. Either way, my collector put a '10 day hold' on my account so he could call the atty himself and get the information... I filed about 7 days later.
      10/27/11 - Filed Ch13 ------ 2/27/12 - Conversion to Non-Consumer Ch7 ----6/11/12 - Discharged!

      Comment


      • #4
        Either way, you can simply tell them they are in violation of the automatic stay. It does help if you have the case number and/or attorney name and number.
        8-25-2011 - Free Consultations. -- 9-03-2011 - Decided to file Pro Se
        9-15-2011 - Filed Chapter 7 Pro Se -- 10-17-2011 - 341 Meeting/No Asset Case
        Discharged 12-21-2011 - Case Closed 12-27-2011 - Another Pro Se'r has done it!!

        Comment


        • #5
          Until you're actually filed, and have a case number, collectors can continue to call.
          Filed: 5/22/07; 341 Hearing: 6/27/07;
          Confirmed: 8/13/07; DISCHARGED 4/17/2012

          Comment


          • #6
            Originally posted by Nicollette View Post
            Until you're actually filed, and have a case number, collectors can continue to call.
            Yes, but it's so much better and more fun to talk to them and tell them to contact your attorney. I let them go through all the stuff about "this is an attempt to collect a debt" and listen quietly and then give them my attorney's name and number. They alway's seem so exasperated at the end. It really must suck to have their job!
            Filed 11/17/11 Chapter 13, 341 meeting 12/21/11. Plan confirmed 1/19/12 - DISCHARGED 12/16/15

            Comment


            • #7
              The collection calls really got annoying before we filed. At one point, we tried to work things out with the creditors...then realized that we would never be out of CC debt for about 26 years or so. Once we filed, and were able to give them our Docket #, it was such a sigh of relief!
              5/9/11 - Filed CH7 - No Asset
              7/1/11 - 341 Meeting
              9/1/11 - Discharged; 9/22/11 Case Closed

              Comment


              • #8
                Originally posted by buffetbuster View Post
                The collection calls really got annoying before we filed. At one point, we tried to work things out with the creditors...then realized that we would never be out of CC debt for about 26 years or so. Once we filed, and were able to give them our Docket #, it was such a sigh of relief!
                Funny you should say that, buffetbuster. That's about how many years I was looking at to pay off my CC's too. I suppose the 2009 CC legislation was a mixed blessing for me. I won't go as far as to say it was the direct cause of my BK but after all my interest rates doubled and tripled (though no fault of my own), the minimum payments skyrocketed and my "5- to 7-year plan" became a 25-year plan, it made the decision to file Chapter 7 a much easier one.
                4/2010 - Filed Chapter 7 no asset case w/car reaffirm
                5/2010 - 341 meeting, no creditors present
                10/2010 - Reaffirm finally approved and case discharged the same day

                Comment


                • #9
                  I will be shopping for lawyers is the next few weeks to file either ch 7 or 13. As of now I am up to date on the cards but robbing Peter to pay Paul. If I stop paying now this month Paul can get paid without robbing Peter, like food, gas and the oil bill. My question is can they keep calling you at work? I can deal with it on the cell, have no home phone. But calling at work will be a problem.

                  And how long can I go before they take any kind of action? I have 7 cards and thinking of stopping payments on the top 3 or 4 largest monthly payments to put some money on the side.

                  Comment


                  • #10
                    Originally posted by Jf24 View Post
                    I will be shopping for lawyers is the next few weeks to file either ch 7 or 13. As of now I am up to date on the cards but robbing Peter to pay Paul. If I stop paying now this month Paul can get paid without robbing Peter, like food, gas and the oil bill. My question is can they keep calling you at work? I can deal with it on the cell, have no home phone. But calling at work will be a problem.

                    And how long can I go before they take any kind of action? I have 7 cards and thinking of stopping payments on the top 3 or 4 largest monthly payments to put some money on the side.
                    If you are planning on filing, I'd stop paying all of them, not just some. I had reached an agreement with one of my creditors and was paying on that but not the others. I think that encouraged the ones that were not getting paid to file suit.

                    In any case you have several months at a minimum before you can expect any real threat of a lawsuit. Of course your phone will start ringing off the hook about 2 days after the first late, but that's a minor issue.

                    If you inform them that your employer prohibits them calling you at work they must desist. So you might get a few calls but should be able to get those stopped fairly quickly.
                    Case Closed > 2/08/2010

                    Comment


                    • #11
                      Thanks

                      My thought to cut down on the calls, having 3 or 4 creditors call instead of 7. The bottom 3 add up to only $150 a month compared to $1100 a month for the others

                      Comment


                      • #12
                        Originally posted by Jf24 View Post
                        I will be shopping for lawyers is the next few weeks to file either ch 7 or 13. As of now I am up to date on the cards but robbing Peter to pay Paul. If I stop paying now this month Paul can get paid without robbing Peter, like food, gas and the oil bill. My question is can they keep calling you at work? I can deal with it on the cell, have no home phone. But calling at work will be a problem.

                        And how long can I go before they take any kind of action? I have 7 cards and thinking of stopping payments on the top 3 or 4 largest monthly payments to put some money on the side.
                        Our attorney told us to quit paying them the minute we decided to file. Here is how the action is going to go again you with the credit cards, trust me, been there...

                        1. Send your account to a 3rd party collection agency
                        2. Sue you in civil court for the money you owe them
                        - Nothing to worry about. There is no such thing as a debtors prison. If you don't show, they get a default judgment against you meaning they are going to get their money awarded to them by the court. Of course, any judgments against you go away the moment you file. I asked my attorney if I should go to the hearings. Here's what he said. "Do you owe the money?" My answer was yes. "Can you pay the money you owe". My answer was no. That made it simple for me.

                        We were robbing Peter to pay Paul, I know that game all too well. When we had our daughter 16 months ago, that was the deciding factor for us. Life couldn't be better now...we live strictly by cash. It's good knowing what I"m buying, will not have to be paid back to anyone. IT'S MY MONEY!

                        Good luck to you!
                        5/9/11 - Filed CH7 - No Asset
                        7/1/11 - 341 Meeting
                        9/1/11 - Discharged; 9/22/11 Case Closed

                        Comment


                        • #13
                          Originally posted by Jf24 View Post
                          Thanks

                          My thought to cut down on the calls, having 3 or 4 creditors call instead of 7. The bottom 3 add up to only $150 a month compared to $1100 a month for the others
                          I don't consider this to be a wise strategy, especially if you're intent on filing in the near future - say less than a year.

                          Those 3-4 *will* know that you're paying the others and *will* triple the amount of calls, making you wish you stopped paying all of them altogether. It also might prompt some of them to sue faster.

                          If I were in your position, I'd have stopped paying all of them yesterday. You should be well under the protection of BK stay by the time any of them decides to sue.

                          My $0.02 only...

                          Good luck to us all.
                          No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.

                          Comment


                          • #14
                            I did not know that they could know I'm paying the others.

                            Trying to hold out till late Feb or March to file after I get my tax check. If I do a ch13 I'm thinking that may be taken. When I see lawyers if the nex few week I will get a better picture of where I'm at. But bill are due soon and may stop all now like you said.

                            Comment


                            • #15
                              Originally posted by Jf24 View Post
                              I did not know that they could know I'm paying the others.

                              Trying to hold out till late Feb or March to file after I get my tax check. If I do a ch13 I'm thinking that may be taken. When I see lawyers if the nex few week I will get a better picture of where I'm at. But bill are due soon and may stop all now like you said.
                              Your tax refund is safe in Ch. 13, as it is in Ch. 7 - just spend it wisely...

                              If the end of March is all the time you need, I'd say you're safe and then some.

                              My $0.02 only

                              Good luck to us all.

                              No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.

                              Comment

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