Should I pay?

[xworried]

I just got I lawyer to start my paper work for chapter 7, he told me that I could give his name and phone number to creditors harrasing me.
This morning I did that with robinsons-may (store) , and they where harrasing me about giving them I $50 dollar payment, they said if I didn't do that, they wouldn't accept my bankruptcy, since I charged the account in May and have not made any payments on it.
Is this true? should I make the payment?

[FloridaGirl]

They are just trying to scare you. They have no choice but to accept the bankruptcy. Once they get the suggestion of bankruptcy, they are bound by law not to call you, or collect the debt in another way, any longer. They can always show up at your 341 meeting and try to get you to reaffirm the debt, but I doubt that will happen. If you don't plan to reaffirm the debt, then don't pay them anything more. Like I said, they are only trying to scare you, as they have no choice but to stop their collections after you file your BK. Even if you were going to give them the $50 payment, just to be nice, I sure wouldn't do it now that they tried to scare you. They get nada.

[xworried]

thanks!

I really appreciate your quick response, I was getting worried (again).
Thank God for this forum.

[FloridaGirl]

Your welcome! I'm not an expert, but I'm quickly learning how this thing works. I'm sure if my advice was wrong, one of the moderators will correct me. I think I'm right, though. Like I said, it is possible that this creditor will show up at your 341 to dispute the BK. The worst that would happen is that the trustee makes you reaffirm with that company. I truly doubt that would happen. But in any event, they have to stop collections once they get the notice of BK. They are only trying to get what they can out of you before that happens...they know the law. Good luck!

[tracy1878]

it's strange how once you say your doing chap 7, creditors will ask for a small good faith payment... why pay a dime when it's all going to be wiped out? i think they are just trying to get any little bit of money they can

my brother in law is a debt collector.... do you all realize that they work on commission? This is why they are doing it, to line their pockets a bit

[lilkim]

wow, i had no idea they worked on commision... no wonder they harrass us so!! lol

[sassy]

I had a collection agency call me 4 months after discharge and after I had faxed a copy of my discharge and harrass me. They threatened to "write a f...ing book on me" and hung up when I told them to stop. Since they are on commission, they are very aggressive. I called back and advised if they didn't stop, I'd file a complaint and I've not heard from them again, although I worry what they might try to do to my credit report. Can they mess with your credit report? Thanks

[mymymy]

I had a collection agency call me 4 months after discharge and after I had faxed a copy of my discharge and harrass me. They threatened to "write a f...ing book on me" and hung up when I told them to stop. Since they are on commission, they are very aggressive. I called back and advised if they didn't stop, I'd file a complaint and I've not heard from them again, although I worry what they might try to do to my credit report. Can they mess with your credit report? Thanks

It's one thing for them to hassle you on the phone.. hard for you to prove unless you're recording it or can document some other way.. BUT, if they were to be so stupid as to continue collection activity (which is what reporting to the CRA's is essentially) by reporting on the debt.. you would have the opprotunity to slap them silly with sanctions. I'm pretty sure you could be awarded up to 1000.00 per occurance, as well. <I'm kind of hoping some of mine will...LOL. talk about extra income! I'm kidding, of course.>