Can/Should I do partial Cease & Desist? (CAs calling parents)

[Violet]

Hello,

I am currently living with my parents. My cell phone is the only phone number I have ever given creditors. However, soon after I stopped paying bills, creditors began calling my parents' phone many times a day (and my sister's a few times). We never answered the phone, but the constant ringing was irritating. I never sent a Cease and Desist because I didn't think that original creditors had to obey a C&D even for a third party phone number.

Right now the phone is silent, since all my accounts are in the process of being charged off. However, I know that CAs will soon be calling my parents' number and that of everyone else they can find. (Especially since one of my B of A accounts just went to FirstSource Advantage, who according to many web boards have a terrible history of hassling third parties.)

Since I don't have the money to file Chapter 7 right now, and don't have a job, money or assets, I figured I wouldn't bother to DV CAs if it looked like they have the right info. I've read some people argue that it could bring a court case sooner. I also don't care if they call my cell phone all day, because I only use it for emergencies and keep the ringer turned off. However, I don't want them calling my parents' phone, because though I am at the same address, it isn't in my name and technically isn't my phone number.

Should I do a partial C&D, telling them to stop violating the FDCPA, or just tell them not to call me at all? Would a complete C&D cause them to sue me faster?

[lrprn]

The reason the creditor was calling parents and friends is because when they couldn't verify they found you, that opened the door to calling others.

Put a phone message on your phone clearly identifying yourself, and still don't answer the phone. This removes the right for creditors and collectors to move on to contact others trying to find you. Check the messages once a day and delete. Problem solved!

If the calls to parents and friends continue anyway, then send a cease and desist letter to the collectors, and then send a letter telling the original creditor you want all further contact to be through the mail only. It doesn't always work, but it's sure worth a try. We've had several members report good success with this approach.

Good luck - hope you get less ringing soon.

[optimistic1]

Should I do a partial C&D, telling them to stop violating the FDCPA, or just tell them not to call me at all?

You cannot do a "partial" C&D. They won't care if you tell them to stop violating the FDCPA, let them do it, get evidence of it, and go hire an attorney or sue them yourself, good luck with all of that. They will not care if you tell them to not call you at all.

Now,

Would a complete C&D cause them to sue me faster?

Yes, because you have left them with nothing to harass you with, their other option is to sell it off to someone else or send it back to the original creditor, you would be rolling the dice.

Hello,

I am currently living with my parents.

Since I don't have the money to file Chapter 7 right now, and don't have a job, money or assets, I figured I wouldn't bother to DV CAs if it looked like they have the right info.

If you live with your parents and have essentially nothing, then send your C&D letters to every single CA, and dont worry about being sued, you said you have nothing. Send your C&D's and go out back and drink a beer.

[catleg]

I'm fairly sure that in my specific case, I've triggered lawsuits by DV with a demand for limited C&D (by telephone)...., however, this is specific to my situation, NJ being very creditor friendly.

However as BB correctly points out, this is like the guy who goes out in the bush and plays around with the lions. Is it scratching the lion's belly that gets him to attack you, or just being out there in the first place?

I think that ultimately each creditor has a "scoring model" which gives points for deciding to sue. I think owning property gives you a lot of points, more than any other factor. Hassling them by refusing to negotiate may cost you a few points, but being sued has its advantages. It stops the clock on the contract rate of interest. They generally stop calling you completely. The courts here are really backed up. It is taking about 3 months to be served on regular civil cases. I keep thinking that if I can stretch this out long enough, there will be another economic dislocation which forces congress to react and repeal BAPCPA. Not holding my breath though.

[optimistic1]

There is nothing but speculation that sending a C&D causes you to get sued "faster". It is a crock. I have C&D'd every account I have an no one has sued me.

Right, so just because BigBoy hasnt got sued, that means it goes for the whole world.

[Violet]

On the other hand who cares if they do sue you? I mean since you have no job, no assets what difference does it make? Let them rack up a bunch of judgments and then just vacate them later when you file BK.

Does having judgments to vacate add a lot to the cost of BK?

[treehugger1]

BB, I was told the same by legal counsel a few years ago. The debtor can often figure out how to work the judgments involved in a BK. It is generally nothing more than some paperwork and followup with the courts to see that the case is officially closed and the judgment vacated. I don't know that this is true for all states.

[catleg]

By the way, nothing I said should be construed as saying you should endure telephone harassment. Send the C&D, let the chips fall where they may. Clearing a judgment post BK should be a fairly simple filing, I'm sure you can do it yourself. Just call the court clerk and ask how to file a motion to vacate a judgment due to a BK.

[Violet]

I keep thinking that if I can stretch this out long enough, there will be another economic dislocation which forces congress to react and repeal BAPCPA.

That would be nice, but I'm afraid that "emergency measures" could consist of abolishing bankruptcy for us plebes altogether. I know the constitution forbids debtors' prisons, but I wouldn't put it past TPTB to to do something to tie us to our debt forever and ever. That's why I'm struggling to come up with the money to file, in case of such an emergency.

Thank you all for contributing to this thread.

[optimistic1]

Stop being such a putz, you tell people sending out a C&D does get you sued, have you been sued for sending one out? No! And if you did/do get sued you won't know why. So what do you base your response on? Nothing but speculation. There is a whole lot more to getting sued or not than if you send out a C&D.

Oh ok BB, no one else can ever have their own opinion when it comes to the collection forum, I will let you have your way once again.

[splinter]

Violet, the credit card industry has tried a number of times to eliminate the dischargeability of unsecured debt in bankruptcy. I think they'll eventually succeed, but not in the foreseeable future even through "emergency measures." The way I see this playing out is we go to the futuristic cashless society where everything is paid for through accounts linked to our IDs. Here's how it could work:

Credit card industry succeeds in eliminating unsecured debt from bankruptcy.
Credit card industry makes credit available for everyone but raises average rate to 50%
Federal Government issues national ID cards.
Feds create program with banking industry to consolidate bank accounts into single national ID card accounts (multiple bank accounts no longer allowed).
Feds require all income to be direct deposited into these national ID card accounts and limits cash withdrawals.
Feds require all purchases over $10 to be paid from national ID card account.
Feds officially eliminate all cash transactions.
Feds allow national ID card accounts to have negative balances (judgments) to satisfy creditors.

It could happen this way, but it's way off into the future. We probably won't be around to see this. But I think you'll be safe in being able to file bankruptcy, as soon as you save for it.