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Do I have to return the phone calls?

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    Do I have to return the phone calls?

    Hi,

    I am thinking of filing bankrupcy but have not made up my mind yet. Nowadays I am late on my CC payments and the CC companies started calling me on a daily basis. Two questions:
    - Would me not returning their calls mak me look really bad when and if I file bankrupcy?
    - If I call them back and talked to them nicely, would that delay their collection process? Or will they do whatever they have to do anyway?

    Thanks

    #2
    They want their money. The only way the phone will stop ringing daily is if you tell them you are filing bankruptcy. Some will want your lawyers name and phone number for thier records.
    Filed 09/05
    Discarged 1/2/06
    Closed 1/13/06

    Comment


      #3
      Change your number if you have no problem with that.....and whatever you do, don't try to explain your situation too much like I did. They have a VERY good way of deriving valuable info from you and then belittling you and even more if you allow it. I even went so far to tell them I'm looking at filing and they still called 2-6 times a day. I asked why do i have to keep telling them everyday and they said its their job to keep calling (harrass you) until they have a lawyers number.
      When it all boils down to it, its just numbers! Your credit score, your interest rate, your bank account, and your net worth if you're fortunate enough to have one......is your happiness really defined by numbers?

      Comment


        #4
        My phone rings all day from 2 credit card companies. They leave messages, I don't respond. I put their number on a separate ring so I don't even have to look at caller id to know who it is. I'll tell them I was applying for a home equity loan or something else but won't know the results for a little bit--the calls start again in about a week. Not sure what to tell them this next time--maybe that I'm waiting to hear back on a job offer where I'll have disposable income? I always tell them that if I win the lottery, they will be the first to get paid.
        *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

        My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

        Comment


          #5
          DON'T WORRY, BE HAPPY..................... it's only a phone ringing......

          Pick it up, sit it back down or don't answer at all............... your concious is getting the best of you..........

          Do yourself a favor, ignore them.............
          Minny

          "It's amazing the paths that our feet sometimes follow in life".

          My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

          Comment


            #6
            An interesting thing happened to us

            Our answering machine died ~ and we couldn't afford to buy a new one.

            We have caller ID, so when important people called (i.e. family, friends, boss) we could see that they called and return the call. However, I don't think the credit/collections folks know whether you have caller ID or not. For all they know you're never home when they call and unaware of their calls.

            You wouldn't believe how quickly the harrassing phone calls dropped off when they couldn't leave a message. Sometimes we went DAYS without ANY phone calls on the house phone. Creditors never really bothered us too much on the cells so that wasn't an issue.

            So my advice is, if you can, disconnect the answering machine and just tell you close friends & family that the answering machine went on the fritz and to call you at certain times or on the cell or at work, etc.

            I'm actually not certain we even want to replace it. Things are MUCH quieter without it !

            Comment


              #7
              Wish my voicemail would "break."
              *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

              My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

              Comment


                #8
                In addition to the wonderful advice you've already gotten about ignoring the phone,.........

                Be very careful about any phone you use to call them, the CC's on. I screwed up and called one of our CC's on my cell phone and they started calling me on my cell. It's like they track your incoming phone call and the number you called from and store it in a computer.

                I was in a vicious cycle. First they'd call the home phone. When they didn't get an answer there, they'd call the cell phone. One Creditor called for months like that 6, 8, 10 times a day. Sometimes more on Saturdays and Sundays.

                And don't tell them you are going to file BK until you're ready to actually file. Telling them months before you're prepared can cause them to push their process along at a quicker pace than they normally woulda done. That could be collections and law suit. That could be charging off your debt.

                When you quit making payments to the CC's, a lot depends on how much you owe a Creditor. Generally speaking, Creditors let you slide for 2-3 months hoping you'll pay and catch back up. Then they turn you over to internal collections. Your acct will stay there for 2-3 months. THEN you get turned over to a 3rd party, external collections company. That's when the clock begins ticking on when you might get sued. But when a law suit will actually happen is anyone's guess. Depends on the Creditor and how agressive they choose to be.

                Meanwhile, you can be Consulting with attnys to find who you might be comfortable working with. Each attny will give you a packet of info and a list of documents they will need from you prior to filing. You can get your docs together and get yourself prepped just in case you decide you want to file. Filings are starting to pick back up, so don't put off getting appointments with attnys. Try calling a few. It may be a couple of weeks to a month before you can even get in for a Consult.

                If you're thinking BK may be an option for you, I'd suggest you thoroughly research and prepare so you don't get caught having to make a rash decision because a Creditor has pushed you into a corner.

                Remember, you haven't decided to file BK just because you Consult with a few attnys and gather some documents. You're just weighing your options.
                Filed Ch 7 - 09/06
                Discharged - 12/2006
                Officially Declared No Asset - 03/2007
                Closed - 04/2007

                I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                Comment


                  #9
                  Don't tell them that you are filing until you have a case number, live with it for now and don't pick up. We all did, you'll be ok.
                  "You once asked me for advice. You want some now? Never pass up a good thing." Lieutenant Jean Rasczak, Starship Troopers

                  Join the Mobile Infantry and save the world. Service guarantees citizenship.

                  Comment


                    #10
                    All I can say is....GOD BLESS CALLER ID! I never had caller id before February of this year, but we never could've made it through these last few months without it. My best friend, Mr. (or Ms.) 'Unavailable ID' calls all the time. He calls, and then calls back 60 seconds later. Usually 10 to 20 times a day. Never leaves a message, though. Very few leave a message.

                    Don't answer, no need to put yourself through that.

                    Comment


                      #11
                      Originally posted by Credit Hater
                      Change your number if you have no problem with that.....and whatever you do, don't try to explain your situation too much like I did. They have a VERY good way of deriving valuable info from you and then belittling you and even more if you allow it. I even went so far to tell them I'm looking at filing and they still called 2-6 times a day. I asked why do i have to keep telling them everyday and they said its their job to keep calling (harrass you) until they have a lawyers number.
                      I agree with that statement.

                      No good can come from talking to creditors on the phone. They are recording everything you say, and they will try to use it against you.

                      If you cannot pay off the credit card in full, then you are wasting your time talking to them, and at the very least it will get you emotionally upset to talk to them, and at the worst, they might be able to use some of the information against you later on down the road.

                      The creditor will continue to call you until either you have paid off the debt or the debt is discharged in bankruptcy or until they sell it off to a junk debt buyer.

                      Get caller I.D. and an answering machine and screen your calls. Never answer the phone unless it is someone you want to talk to.

                      If it is a collection agency calling you, then send them a Cease and Desist letter demanding that they stop calling you on the telephone. Unfortunately, this method won't work on the original creditor.
                      The world's simplest C & D Letter:
                      "I demand that you cease and desist from any communication with me."
                      Notice that I never actually mention or acknowledge the debt in my letter.

                      Comment

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