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debt collection

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  • #31
    Also, in most cases you don't have to retain the attorney for the calls to end simply tell them you are filing and they will usually stop calling for fear of violating the Automatic Stay. At that point they will call your attorney or ask did you file at which time he will say yay or nay and if you plan to file.

    Any payment you make within the 90 days immediately before filing can be refunded to you. Regardless of whether or not you plan to include an account in Bankruptcy filing all of your creditors will be notified which may result in all of your accounts being closed.

    Take heed to what you purchase on the credit card at least 6 months immediately before you file if it is over $1000 in total and not deemed a necessity you can and might be sued. If you have a car the bank MIGHT require you to sign whats called a reaffirmation agreement which will be filed with the court and simply state you agree to continue to pay monthly and that debt will not be discharged in the bankruptcy. Also be sure to verify which of your accounts are considered "secured" debt those types of accounts are sometimes not discharged in the Bankruptcy.

    If a collector is calling your job when you tell them ONCE verbally to stop and that your employer prohibits those types of calls- they MUST stop immediately. You dont' even have to be the one to tell them you can have ANYONE answer at your office and simply state that. Be mindul to log the time and date and maybe the reps name and if you receive another call any day after that advise again-keeping a log will help them be able to prove (most calls are taped) that you were called even AFTER you advised them not to call you at work (lawsuit). You might get 1 or 2 more calls (dialer) that day but anything more than that is lawsuit material.


    • #32
      Originally posted by wayne-o View Post
      some creditors dont do anything some (american express, discover) are very aggressive and will sue.
      what happens if they sue? can they garnish your wages? what part of your wages can they garnish?


      • #33
        Originally posted by rrj View Post
        I would like to know the answer to this too, i have had 3 credit pulls from 3 credit collection agency in the past 2 months, i just filed nov 17

        I was in communication with them, I gave them my lawyers name and case number

        they still pulled it.
        filed chapter 7 Nov 17, 2009
        341 meeting Dec 21
        dec 22 no funds no asset
        Objections for Discharge due by 02/19/2010


        • #34
          Originally posted by wender View Post
          what happens if they sue? can they garnish your wages? what part of your wages can they garnish?
          Depends on where you live. A lucky few states (I think 4 total) have laws that completely exempt wages. Most can garnish percentages. You need to read up on your state's rules.
          First consult: You go now, no CH 7 for you. You spent entire buffet. 13 has a 95 percent payback. (Owwwch) On to next consult....


          • #35
            How do I do this???

            "Debt collectors are a different beast. ALWAYS go through the motions of requiring a collector to validate/verify the debt they are claiming."

            Originally posted by treehugger1 View Post
            I've posted a lot of my opinions related to your question at various places in this forum. I'll repeat a few for you.

            The first question you should ask yourself is how much of a stomach do you have for dealing with potential collectors and collection activities? If your feathers are not easily ruffled, then there are only a few actions others can take against you. While these are few, they can have heavy implications.

            Are you judgment proof? Do you own assests? Do you know your state exemptions against actions that might be taken through a judgment? In many states the exemptions for judgments are similar to those for bankruptcy. This won't stop liens against future sale of real property, but exemptions can stop forced sales of real property. Be familiar with your state laws. Google "your state name" followed by exemptions or judgment exemptions, etc.

            If your state is a wage garnishment state, be prepared for any local creditors and/or collectors to go after the non-exempt portion of your wages. In my state the limit is 25% after taxes. I can live quite fine on 75% of my takehome.

            Learn the small claims amounts for your state. Small claims actions move quickly. Debts above the small claims threshold generally require the action of a suit. A lawsuit can take time to move through the courts. I would be careful about fighting the tide against a debt you know you owe. While you can temporarily stall creditors/collectors in a court case, if you owe the money, eventually you will not win. It is not a good thing to get too many judgments backed up against you. My plan has been to work with folks who have judgments against me (currently two). One will be paid off, and a notice sent to the courthouse that the judgment has been satisfied, next month. I'm negotiating with a collection company on the other judgment. I'm quasi-judgment proof. The only "assets" I have are my wages. Garnishment can be a "pain" for creditors/collectors in my state, if a large amount of debt is involved. In Oregon, a writ of wage garnishment only lasts for 90 days and then needs to be renewed. Big creditors don't want the hassle of renewing or running the risk of "waiting in line" behind a current writ, only to have their writ expire LOL.

            The big problem is fees and interest can grow quickly. This is not a problem if you know you will be declaring BK in the future. Judgments can be a problem if they lead to a lien against real property or autos. This can create a 'secured' debt.

            Some folks advocate not talking with any of your creditors. I preferred to speak with all of mine. I just refuse to make any promises I can't keep. Debt collectors are a different beast. ALWAYS go through the motions of requiring a collector to validate/verify the debt they are claiming.

            I've never told a creditor "I won't pay them." I have told my creditors I can't afford to pay them what they want on a monthly basis, including their freaking interest. Most major creditors finally caved in and I have new payment programs at reduced interest with five-year pay-off plans and interest down ot 1.75% - 2.00%. All this could collapse if I get a wage garnishment against me for an extended period of time. But, there is very little anyone can do to me for something that is beyond my control, so I'd just go back to square one.

            Sorry about the long response here. But, when it comes down to it, if you have very few assets, there is not much that folks can do other than sue you. Even then, sueing you and collecting on a debt are two very different actions. A lawsuit simply gives the creditor/collector other avenues of trying to get any money/assets you might have.

            Protect your cash assets. Bank accounts can be "garnished." Is your paycheck direct deposit? If so, then you should move to a paper check. Collectors and creditors can be ruthless when it coems to ignoring the laws. You don't wan tto wake up some morning and discover your account is empty. While such actions require a court order and are illegal without a court action, there are plenty of folks who are willing to ignore laws. While you might eventually sue and get your money back, it doesn't help you in the present.

            Local creditors and collectors can act quickly.

            In terms of your credit, kiss it goodbye if you quit paying your debts. My scores fell from the 790 range to 480 in a few months. I don't care.

            Another thing to consider is your employment. For instance, I make very good money in a very stable job. In my circumstance I let my monthly debt payments out-pace my monthly income. I'm not ready to go down the chapter 13 path at this time, but knowing that in a worst case scenario BK 13was available, empowered me.

            In conclusion, while it may not be a crime to not pay your debts, there are consequences for not paying. Know what the consequences are in your state. Sit down and list all your debt and creditors. Take your best guess at the risk involved in not paying each of them. Those you deem the most risky (local, how quickly they can act, etc), you might want to attempt to work with.

            Have a plan of action. Eventually, you will need to address "not paying." If you know that BK is in your future, no big deal. If you can adjust your lifestyle to accomodate wage garnishment, no big deal. If you have assets, you have a problem.

            Probably more info than you wanted. But, it comes down to, "How much can you stomach?"


            • #36


              • #37
                Has anyone ever sued their collectors on here who continued to harass you while under an Automatic Stay? It seems the medical bill collectors don't get it. One of mine even continue to bill me when they're prohibited to bill me any balance being one of my insurance company's "preferred providers". If anyone has any success stories, please share! I'm getting ready to draft a couple of nasty notes to them, as my attorney told me to do it (and I pay the firm for what?). So, I guess I sig the dogs on them if they bill me after they receive my nasty note? I would love anyone to share their stories, if you have them. Thanks!
                Chapter 7 filed 10/8/10...341 Meeting 12/6/10....Discharged 2/16/2011....Case Closed! 3/1/2011


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