Expecting the Calls ... What to Do?

[deepin]

Just stopped paying this month.

I'm expecting a flood of calls anyday now and trying to develop a plan to deal with them - until I can file.

A few questions:

#1 - What should I not say? I plan to be straight forward about my inability to pay - but should I avoid saying certain things?

#2 - Is there any sense in being proactive in contacting the creditors vs. waiting for them to call?

Thanks - this forum has been a great source of info.

[magyar123]

#1 - Maybe you can give them the straight facts why you currently cannot pay those bills - ending with a snide comment that the govt. is NOT bailing you out.
#2 - Let them call you first.
Butt in the meantime close your bank accounts to avaid any possible unauthorized withdrawals from your account.

[Flamingo]

In our situation, we were current on our bills (minimum payments) until we retained our attorney who advised us to stop paying all except our mortgage and the calls were going to start, which they did. Since we had already retained an attorney, when the calls came in we explained the situation, the layoff/job loss and that we retained an attorney to file and gave them the attorney's information. We kept a log by the phone of each creditor who called and when and if they called again we reminded them they called on such and such a date and we spoke with "xxx" on that date. The calls still continued somewhat after that because we had not yet filed and once you get your case number and provide that to them or they receive the filing information, the calls stop almost immediately and the quiet is marvelous.

You will get the calls...if you have not yet retained your attorney, answer the calls and tell them your situation if you would like but that will not stop the calls until you actually retain an attorney and get a case number. You will also get increased mail from creditors and some folks on this forum have posted in the past they sent in letters to all the creditors when they retained an attorney giving the creditors that information. There is not too much you can do until you actually get your attorney and have that case number in hand before the calls die down.

[optimistic1]

#1 If you have hired a attorney, give them his phone number, and name. And then hang up on them, dont answer any other questions.

#2 I have read both, so who knows, just let them call you, be polite, and tell them you are going to be filing a bk very soon.

We did both of these, the phone has been quiet for more than 2 months now. No letters, no nothing.

[BigJohn]

I did't answer the phone. I look at it that the collectors are not my friend and anything I say will probably be used against me. I did this for about 9 months and then I filed CH13. Some creditors still call and I still don't answer. I figure why should I get upset, raise my blood pressure over something I have very little control over except for that I can decide if I will answer or not.

[Flamingo]

We answered cause we felt bad because it was our fault we could not pay our bills, not the creditors. It was us running up the bills causing the situation and if we did not have the income loss we would have still be paying, but the creditors did not do our financial planning, we did. So since most of our creditors were long-term (over 20 years for several) we offered them an explanation. Some even stated how they saw we had excellent credit for many years and wished us well in getting back to normal and felt bad we had to file. So it can be a personal thing whether or not you want to answer the phone or not for certain creditors, or all for that matter. One can always leave the phone off the hook and just not deal with it at all if they wish.

[Bell30656]

I first make them thoroughly identify themselves. Name of company, address, purpose of the call, etc. Then I inform them that although I'm not required to inform them, I am informing them that I am recording the calls for compliance with the Fair Debt Collection Practices Act, Federal and State Laws that may apply. At this point, I'm usually on the phone by myself.

If they stay on the phone, I inform them that I am the person they are trying to reach but at this time I am not willing to discuss any alleged debt they believe I owe. They try to tell me that I have to discus it, this and that... they even try to goad me into discussing it.

At this point, I'll ask them if they think the Braves have a chance this year, is it cold where they are and do they think the economy will improve. But my standard stays firm on "I am not willing to discuss any alleged debt you believe that I owe at this time."

Never make a commitment of any type on the phone, do not confirm any information beyond the name/phone/address. Never tell them where you bank, don't discuss where you work. I've got to know several of the collectors over the phone. One guy hates baseball, one lady can't stand the cold and wishes she lived in Georgia.

Just remember, you are in control of the conversation. If you avoid the calls and don't answer then they can start calling your friends, YOUR WORK, or whomever to "try and locate" you.

[treehugger1]

Good post, Bell. I have had excellent luck answering calls from CA's and simply telling them I do not share personal financial info over the phone. I make it clear what my name is and my address. I ask them for something in writing. Then I inform them I'll be looking for the written info to be mailed from their offices within the 5 days allowed under the FDCPA. On occasion, I will affirm the last four of SSN. It all depends on if I need that written dunning letter so I can send a DV and cease and desist letter.

The above does not apply to original creditors (in most states.) I kept answering the calls of OC's and explaining that I had more going out than I had coming in. Eventually, the accounts charged off. These went to CA's who do have to abide by the FDCPA. I have about 9 accounts still out there, all charged off from an original amount of 20+ creditors. It seems that the only time I ever get calls anymore, is if the debt changes hands. Maybe I was lucky. I don't know, but my phone is pretty peaceful these days. They seldom call my work after I inform them they are calling a government phone number, and they cannot call again. I suppose they could keep calling, but they don't.

The local creditors sued me in small claims immediately after charge-off, and these are nearly all paid. Wage garnishment has ebbed and I am enjoying the brief calm before the next storm.

I always answered every call, or returned the phone calls. I wanted to make it crystal clear that they had indeed contacted me. Now, whenever a number comes through that I don't know, I check the number on whocalled.us and see if I can determine the caller.

The "unknowns" or "privates" I answer on occasion. Once you request written information, they know you are aware of your rights, and it is a waste of their time to keep calling.

Getting down to nine charged-off acounts has made things a bit simpler. I know where every account is currently located; owned or assigned. Should I have to file in the future, I want to be sure I have included every possibility of debt location. This includes possible judgments that could be hiding out there. I don't want any hidden surprises.

I can stay pretty calm and collected on the phone, and I don't get riled up that easily, so I simply state my rights, and very few CA's or OC's violate these.

[catleg]

If you have setup online payments FROM the credit card website to PULL from your bank accts then go online and DELETE those accounts as PAY FROM sources for your credit cards. I had a mysterious auto payment appear from Chase ; fortunately it was a bank acct I had already abandoned. Ironically they only consider me a couple of days past due now even though the payment bounced, not that I want to give anyone any ideas.

[catleg]

I said; So then what will you do with all those used sex toys and how do you go about getting most of them back from my ex-gay lover? (the line went dead). So you can have some fun also.

You're my hero.

[Mi Bankruptcy]

Hopefully, you have retained a attorney. The issue is, you want to initially catch your creditors off guard that you are filing. This will help prevent them or slow them from selling your debt to junk debt collectors once you file. My goal of telling them I was recording the call was to make sure the person on the other side of the phone was doing their job correctly. My calls stopped immediately upon using this script. They will try to ask you what chapter you are filing, redirect to your attorney.

Below is a script I created and used. My wife gets antsy. It's direct and to the point. Don't waste your energy fighting with them. BTW.. I never did record a single call.

***Hello,

May I ask who is calling (if they don’t tell you who is calling ask the question again) This phone call is being recorded if you do not wish to be recorded please hang up now.

This is Mr. or Mrs. I am currently filing for Bankruptcy if you believe I owe you a debt you will have to contact my attorney for further information.

Would you like my attorneys name and contact information?


If they harass you your reply is:

My attorney can answer your question would you like his/her name and contact information?

Since you do not wish to contact my attorney regarding your question I must terminate this call. Have a Nice Day (Hang Up)****

[Bell30656]

I'm so much of a meanie that I don't even tell them I'm filing bankruptcy. I tell them:

"I have an attorney handling these matters for me. His name is: XXXXXX XXXXXXX, he is a member of the Georgia Bar Association please feel free to look up his contact information yourself. Now that you know that I am represented by an attorney, in accord with the Fair Debt Collection Practices Act and the OCGA you must contact his office rather than me. All calls to my phone numbers are recorded and any further calls may be considered a violation of the FDCPA."

Of course, I used to tell them that I had an accountant handling these type of issues. Her name is Helen Waite. If you think I owe you money got to Helen Waite for it. I don't think I made any friends with that one.

[imaloser]

"So you can have some fun also". I agree. I used to say "i'm waiting for my dutch uncle to come through". talk about a nonstarter !

[outofluck07]

I sent them all a nice letter explaining that I could not pay, that I wish to cease communications by phone - reference fair debt collection act if you want, and that pretty much did it. I stopped paying about 8 months before retaining the atty, and only received a few calls here and there once the letters were out. Don't bother sending them all certified either - its just a waste of your money.

[BigJohn]

I took a collectors call today. What a waste of time. I wished I never answered the phone.

This is what the collector wants to do:

I collect Social Security so he wants my full check.
He doesn't want me to pay for my cell phone, which I use in case I have a medical emergency, b ut instead turn the money over to him.
He doesn't want to buy food or mediines but instead turn that money over to him.

For all of this I asked him to put it all in writing.



He claims he is going to tell all of my employees they are not going to get paid. The only employee I have is my wife.
He claims he is going to call all of my relatives and neighbors and tell them I don't pay my bills.
He claims he is going to sue me. I told him to go right ahead.
He claims he is going to have me arrested for fraud. He claims I bought things with no intention of paying. I told him that I do not think people can get arrested for being handiapped/disabled.

Maybe tomorrow I will let him know I filed BK13 almost 2 weeks ago.