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    Calls and the lawyer

    We are going to retain a lawyer in 2 weeks when we have the cash to pay his retainer fee. However, we are not filing until summer. If I give the creditors his name and number and he confrims we are filing in the near future, do they have to stop calling me? Or is that only applicable once we file and have a case number? I know they can still pursue action against me until I file but there is no way we can file for another 6 months!

    #2
    Originally posted by nazstar View Post
    We are going to retain a lawyer in 2 weeks when we have the cash to pay his retainer fee. However, we are not filing until summer. If I give the creditors his name and number and he confrims we are filing in the near future, do they have to stop calling me? Or is that only applicable once we file and have a case number? I know they can still pursue action against me until I file but there is no way we can file for another 6 months!
    Summer is not really considered "near" future. They will hound you until until the day you file/have a case #. By the way, why are you paying a lawyer's retainer fee now/2weeks?

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      #3
      Because the lawyer told us that once he was paid a retainer, we should direct all calls from unsecured creditors to him so he can deal with them. It would be nice to turn my phone on again! But, I'm not sure if that means they will stop call me or just start calling both of us! In addition, our HOA is threatening to put a lien on our house for not paying HOA dues and I'm expecting a foreclosure soon. I want to make sure he is on board and familiar with our case as these things start rolling in. I'm not familar with all this paperwork I'm getting - hence hiring a lawyer. I would like the availability of sending him the paperwork and making sure we are safe with the waiting game.

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        #4
        I told Citifinancial a couple weeks ago that I was filing and gave them my lawyer's name and number. They were hounding me and they haven't called since. I got a call yesterday from a collection agency hired by Best Buy. They called me at work too. I called them today and told them that I was filing and that they must never, ever, call me at work again. The guy told me that I wouldn't be getting ANY more calls because I was filing..all he wanted was the lawyer's name and number.

        Sooooo, I think it probably works a lot of the time....I have a bunch more to go, though, still not answering the phone. I only call them back when they call me at work or call someone else. I have to nip that quickly!

        EP
        California Bankruptcy Central

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          #5
          Giving the lawyer a retainer now is the right thing to do, regardless of when you file. Most will stop calling once you give them the info. They may call in few months to see why you haven't filed yet, so don't be surprised if they do. Just tell them it's a slow process but your plan is to still file. The reason it's good to have someone on retainer is so they know you're telling the truth. Alot try to BS the creditor and say they're filing (when they really aren't) as a way to stall them. Creditors hear this every day I'm sure and probably don't fall for it. Having the lawyer on retainer shows them that you're not just playing games with them.
          Last edited by jp2861; 01-29-2008, 02:41 PM.

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            #6
            Originally posted by jp2861 View Post
            it. Having the lawyer on retainer shows them that you're not just playing games with them.
            I agree completely. And, just having the attorney on retainer, knowing you can just tell them, No further questions, Creepy Creditor, you'll have to call my attorney, gives you some peace of mind in that you know what you are going to say when they do get ahold of you.

            Having a Mastercard, Visa, Discover, Sears, Citibank, and 20 other cards...Pricey!

            Being in debt up to your eyeballs....scary!

            The ability to tell your creditors to go pound sand...priceless!
            Last edited by epiphany; 01-29-2008, 03:29 PM. Reason: lack of plural where warranted
            California Bankruptcy Central

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