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    Calling more !!!!

    I told them all that I retained and they asked if I would file. I told them just to call the attorney with any questions. They are calling more!!!(except Discover who is behaving well, finally ...at least for the next 30 days then I am fair game again they say)
    This is a warning, that telling them you will file soon or retained an attorney indeed does NOT stop the calls. At least for me. I'm sending them letters this week. We shall see. They keep calling me "wanting to work something out".
    Perhaps I am just unlucky.
    WAM
    ch7 8/07 CLOSED: 11/07 Rebuilding and saving.
    WAMU unsecured $2,000 Capital One unsecured $500
    PAID OFF MONTHLY!!!

    #2
    I got into my mess about 2 years ago.....phone used to ring off the hook. I got so fed up with it that I simply unplugged the phone and let the answering machine pick up. If it was someone we knew, we answered. But for the most part - phone was never picked up. It was heaven! Then when I got home from work, I would turn volume down on machine and play the messages.

    Once I retained my attorney, I would pick up the phone and tell them his name and number and to call him. Then I filed......NO MORE PHONE CALLS!

    Now the ringer is turned on and life is (almost) back to normal.

    P

    Comment


      #3
      Watch out for Discover, they actually had a sherriff at my door serving me papers!

      Funny how they want to work something out after it's gone into such a bad state. BOA (I think) called me at work and I told them I was filing and to call my attorney and they tried to make me feel bad... "why didn't you try to call for arrangements? We have programs... " I told them that if they were the ONLY ones it would work but they're one of many and we couldn't do it!

      I kept caller ID on my line and was prepared with attorney and case info when I saw an "out of area" or "unidentified" caller... they really did stop. I have already had my 341 but I so rarely get calls I've gone ahead and turned off caller ID

      I'd say just tell them to "STOP CALLING - CONTACT MY ATTORNEY, BOB SMITH (or whatever his/her name is) AT XXX-XXX-XXXX AS I AM FILING BANKRUPTCY". I think if they call AFTER you tell them not to it is against the credit collection laws.

      Good luck to you!
      3/27/07: Chapter 7 Filed - Pre-filing true FICO (hers/his) 450/477
      5/10/07: 341 Meeting DONE! Trustee's Report of No Distribution Filed
      7/04/07: FICOs going up! Credit report cleanup (hers/his) 540/536
      7/10/07: DISCHARGED! 8/27/07: CLOSED!

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        #4
        Sounds like they are trying to get you to say something about paying or reaffirming while on the phone. Don't mention anything of the sort. Its just a trap it sounds like .

        Most of mine have been good, I"ve told them to call my lawyer and those haven't called back. Signing the papers wednesday .
        May 31st, 2007: Petition Filed by my lawyer
        July 2nd, 2007: 341 Meeting Held
        September 4th, 2007: Discharged and Closed.

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          #5
          Yeah, once I gave them my lawyers name and number, the calls stopped. Guess you have some creditors that won't give up.

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            #6
            the problem is that the collectors have many people tell them they are going to file bankruptcy and its just a stall tactic...they never do for whatever reason. The simple fact is the creditors dont have to quit calling just because you have an attorney, they dont havet to stop until you actually file. After I filed, I gave the creditors my lawyers name, case # and never heard from them again

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              #7
              Agree with wayne-o. Until you've filed you haven't, and the creditor can still try and contact you. The only thing that stops the creditors dead is the automatic stay provided by filing a chap 7 petition.
              Some creditors will stop calling once they know you have an attorney, and you state the intent to file, but after 30 days or so (an no filed petition) the calls/letters will start right back up.

              There are laws out there with regards to harrassment and what creditors can and cannot do before you file.
              Last edited by desperation; 05-29-2007, 05:33 PM. Reason: adding more

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                #8
                Ohhhh, sweet silence...
                We're enjoying the newfound freedom of answering the phone WITHOUT checking caller ID first! Once we filed, I answered every "unavailable" and "out of area" call and gave them our info. They asked for specifics (lawyer name, address, phone #, BK type and case number and date filed). Only one of them called again, and when I told them "I already gave you our BK info" the caller apologized profusely and even wished us luck! What a hoot! Nary a collection call in the past month....LOVIN' IT! Now, if our 341 goes without a hitch, I'll be sleeping a little better...

                Hoping for brighter skies ahead...
                4/7/07 Filed Ch7 :unsure:
                6/6/07 341 meeting done :blink:
                8/5/07 last day for objections :yes2:
                8/23/07 DISCHARGED!!! :yahoo::yahoo::yahoo:

                Comment


                  #9
                  Discover actually had the sheriff show up at your house...!!! That is a scary thought, especially since Discover is one the cc's I am dealing with. Why/how did they do that?

                  Comment


                    #10
                    I have Discover also, they issued a judgement against me and the sherrif brought the summons for me to sign. The timing really sucked because I was going to be getting some minor surgery done so I couldn't drink or smoke for 10 days, both of which I felt like doing profusely at that point.
                    Paperwork turned into attorney 7/10/07

                    Comment


                      #11
                      How long did it take for Discover to actually have the Sheriff show up with a summons? This is really freaking me out, since I just missed my first payment with them last Friday, 5/25, and they are already calling me...

                      God, I hate that this is happening to me...but more so my family!

                      Comment


                        #12
                        Smokin and drinking isn't in your best interests before or after filing, or before or after minor surgery.

                        Comment


                          #13
                          "How long did it take for Discover to actually have the Sheriff show up with a summons? This is really freaking me out, since I just missed my first payment with them last Friday, 5/25, and they are already calling me."

                          Okay, take a deep breath here ...

                          You will most likely have a few months before anyone tries to sue you. The sheriff simply delivers the summons to you, and that's it. He's not there to arrest you or come into your home. You may just find the summons in your door or mailbox and never even see the sheriff.

                          You will have twenty days or so to answer the summons, and then there will be a hearing ... but hopefully you will have your bankruptcy under way by then.

                          It was nearly two years before they sued me - these things may be starting to go a little faster than that now, with so many people filing.

                          But don't freak! Get a good handle on your paperwork and keep track of calls and letters so that you have some clue of what is going on - you will most likely be able to tell who is going to take action before it happens.

                          Open all your mail, and keep it organized in a binder. It's not fun, but it will help you to "get a grip" on your situation.

                          Comment


                            #14
                            The sherriff came to my house twice.....that I know of. The first time, I was so scared when I saw the car pull into the driveway, I snuck into the bathroom and shut the door with the light off!!!!! I was absolutely petrified (hence my userid here). I stayed in there for 45 minutes - my poor little dog had no idea what was going on and stayed outside the door barking away. I am sure the Sherriff knew I was hiding since the dog was right there at the bathroom door instead of the front door (I have full length glass inserts...ugh!). Anyway, next time he came, he had some kind of garnishment notice - and he caught me outside the house with garage door open. He was very very nice....told me that he could walk in and seize anything he wanted whether I was there or not and that I should get the problem taken care of. He left without acting on the thing (can't remember what it was) and I just sobbed my heart out. Somehow managed to come up with the money to pay it. Sad thing was that I could have avoided the whole scene if I had just gone to court. But, I was in the middle of a nervous breakdown and don't even remember getting the original summons....

                            Ah well, bankruptcy now discharged and I feel safe again

                            P

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