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after filing, how to handle collections?

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    after filing, how to handle collections?

    Up to now I've been bypassing all phone calls and sending cease and desist letters as soon as I receive a dunning letter soon after a collector's first phone call. It's been very effective for two years, as I described here, with only a few written violations. Now that I've filed I understand all creditors and collectors on my matrix get notified, but if and when they call I'd like to know the most effective strategy to get them to stop. Do I now, once I've determined they have a legitimate account number to collect, tell them I've filed and give them my case number? Or does it not make a difference and should I just keep doing the cease and desist letters? Or both? When they leave a call back number on my answering machine, is it now worth calling them back and telling them I've filed? I've managed to avoid all dunning phone calls but one for two years, but if it's now to my advantage to take the call and tell them I've filed, I'd do that.
    Chapter 7, California system 2, no assets. Pro se with Nolo.
    Filed: 10/8/08
    341: 11/5/08
    Discharged: 1/5/09

    #2
    First, keep a log of people you notified by phone. I keep this in a spreadsheet with the date and time that they called me (or I called them). I also log "who" it is that I spoke with, as well as the phone number that called me (from the caller ID), or the phone number that I dialed.

    I also include a note about what I discussed or talked to them about.

    Just start taking all the calls. Politely ask them who they are and what they are calling about. Record taht information in your log. Then tell them immediately, that "I filed for Bankruptcy protection with the U.S. Bankruptcy Court on <<<INSERT DATE HERE>>>"

    They will ask for your lawyer's name and number. They may also ask for the Case Number, Date, and District. Other than that, they shouldn't bother you anymore.

    Next time the same creditor calls, record it in your log and warn them that they are in violation of the Automatic Stay, and that if they call again, they will be brought before the court. Let your lawyer know they called you, he will probably issue a warning letter to them too.

    Other than that, the phone should stop ringing immediately!
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Is there some advantage or requirement to tell them who my lawyer is? Being pro se, I'd rather just not tell them who my lawyer is, if they ask. But if it's somehow advantageous or required to tell them, I have no problem telling them I'm my own lawyer.

      Also, per CPO's suggestions when he used to post here, my phone is hooked up to my computer's phone recording software, so all my phone calls are automatically recorded. I just notify the caller right off the bat and then keeping a record of things is easy as can be.
      Chapter 7, California system 2, no assets. Pro se with Nolo.
      Filed: 10/8/08
      341: 11/5/08
      Discharged: 1/5/09

      Comment


        #4
        Originally posted by IOIOIO View Post
        Is there some advantage or requirement to tell them who my lawyer is? Being pro se, I'd rather just not tell them who my lawyer is, if they ask. But if it's somehow advantageous or required to tell them, I have no problem telling them I'm my own lawyer.

        Also, per CPO's suggestions when he used to post here, my phone is hooked up to my computer's phone recording software, so all my phone calls are automatically recorded. I just notify the caller right off the bat and then keeping a record of things is easy as can be.
        The case number is sufficient. They can find out who the lawyer is from that.

        (By case number I mean the District in which it was filed, the filing date, and the full case number.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          I was looking forward to answering the phone calls once I filed.

          The message machine filled up daily with 20 plus messages or hang ups everyday before I filed.

          I have got ONE phone call and they appologized big time for calling.

          Now all I get is phone calls from people looking for Orams doughnuts....

          Comment

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