This is happening way too fast!

[Over our heads]

I just got a call about my Dh's disc. acct. Last month was the first missed payments, and last week I deffered them to our lawyer. Today I get a call from a collection agency, in my stupor I didn't catch the name. Disc has already sent his acct over, and according to the man, has given them permission to offer a settlement amount. This has been an awful week, and I just couldn't take any more crap so I told him to call our lawyer. I am just hoping that wasn't the wrong thing to do. Tipping my hand too soon or whatever.

We HAVE to wait 90 days to file. We just paid our adoption lawyer, and that HAS to fall off the prefferential payment radar.

But seriously, one missed payment and off to collections. Our lawyer was hoping we could stall until after our 08 tax return, but I'm thinking that isn't gonna happen.

[paintinrosesred]

I don't think you need to worry unless they get a judgement.. and that could be months. Unless, I'm wrong?
We just stopped payment on Disc.. so I can't wait.

[getmeoutofhere]

stopped

I have 4 discover cards and stopped paying 90 days ago. They turned over to collections who call 10+ times a day. I have silent ring on my cell phone so I never hear the calls, they never leave a message. Eventually, they will send me a letter at which time I will be happy to DV and C&D them. Until then, they are wasting their time...not mine.

[jessegirl]

I have discover to and my attorney told me to send all of my creditors a cease and desist letter certified mail return receipt. Once i sent them out i hardly got any calls at all. It was a life saver.

[FreshLikeADaisy]

Over our heads, I don't think you risked a thing by referring them to your attorney. You should also be aware that because it was a third-party collector and not the original creditor, the FDCPA fully applies... which means that once you have referred them to your attorney, legally they are not supposed to call you anymore. That doesn't mean they stop, it just means that your atty can sue them for each violation.

You may want to keep a log of who you have notified -- Jessegirl's certified cease and desist letters are an excellent way to notify and log this -- just so you can have your attorney chase any violations, if he's willing to do so. At $1000 per violation plus atty's fees, more than one debtor has used FDCPA violations to pay for their bankruptcy.

Good luck!

[BROKENN]

Hi, Check out the telephone answering machine threads also

Judgements served are when to start battle planning the filing date.

[JRScott]

Most likely this is a result of the credit crunch. I would not overly worry I do not believe they can get a judgment before the 90 days passes.

[jktrading]

Yeah, but it's not pretty for a credit report to have collections on it. I will probably be 30-60 days late on some cc's before actually filing, and whatever can be avoided for future credit repair is desirable.

[cupcake]

Yeah, but it's not pretty for a credit report to have collections on it. I will probably be 30-60 days late on some cc's before actually filing, and whatever can be avoided for future credit repair is desirable.

True, but does it really make any difference seeing there will also be a BK on there? Seems that a BK is much worse than having a collections notation.

[TEW]

Over our heads, I don't think you risked a thing by referring them to your attorney. You should also be aware that because it was a third-party collector and not the original creditor, the FDCPA fully applies... which means that once you have referred them to your attorney, legally they are not supposed to call you anymore. That doesn't mean they stop, it just means that your atty can sue them for each violation.

You may want to keep a log of who you have notified -- Jessegirl's certified cease and desist letters are an excellent way to notify and log this -- just so you can have your attorney chase any violations, if he's willing to do so. At $1000 per violation plus atty's fees, more than one debtor has used FDCPA violations to pay for their bankruptcy.

Good luck!

HUH?? the debtor does not get that money the court does. can you explain?

[Over our heads]

True, but does it really make any difference seeing there will also be a BK on there? Seems that a BK is much worse than having a collections notation.

I have to say, the status of our credit report is the LEAST of our worries right now.

Ty all for the encouragement, that was just making me a tad bit sick!

[cupcake]

I have to say, the status of our credit report is the LEAST of our worries right now.

Ty all for the encouragement, that was just making me a tad bit sick!

Did I offend you with what I said? I apologize if I did, I certainly didn't mean to be offensive. I felt the need to respond to jktrading's post because I don't think having an account go into collections is going to make a difference one way or another if you are planning to file for BK. I absolutely agree with you and I could care less what my credit report looks like right now. I have more important things to be concerned about!

[Over our heads]

Nope you didn't offend me or hurt my feelings in the least! And actually I was trying to quote your post with jktradings post too. I gave up trying to fix it!

What was making me a tad bit sick is that it was turned over so fast. In my readings here, I never would have thought that they would be trying to settle after one missed payment.

We don't mind handing over our 08 tax return, which the trustees here are notorious for taking, (tho it could make a huge dent in our mortgage) but we seriously mind him trying to get money we paid our attorney to finalize our daughters adoption.