An annoying phone call from a bill collector shouldn’t ruin your day. You can best deal with them by putting them “on the defensive” and knowing your rights.
Many people that I consult with at Bayer Wishman & Leotta expect to file bankruptcy in the near future. So they often ask me what to do about annoying bill collectors before they actually file their petition. Here’s what I tell them:
The next time a bill collector calls, use a calm voice and say you are now recording the call, (even if you are not), that you are getting ready to file Bankruptcy, your lawyer is getting the papers ready, offer them your attorney’s name and phone number, and say that your lawyer has told you not to pay them.
Don’t let them rattle you. Their job is to upset you, or so they think. Stay calm. The day’s of sending a thug to break your knee caps are long gone. Bill collectors may bark a lot, but they can’t bite.
If they accuse you of bad conduct—thievery, fraud, or any other silly thing—just remind them they are being recorded and ask them if they want to say any other stupid things so that your lawyer can play it in court for the judge, and for their supervisor!
Of course, if they think they are being recorded, I doubt you will get hassled. If you are already consulting with a bankruptcy lawyer about filing a petition, these bill collectors will soon be a thing of the past.
“But Leon,” you say, “what if I’ve already filed my petition and the bill collectors are still bothering me?”
Unfortunately, many companies will continue to bill you even after the court sends your bankruptcy notices to creditors. For the most part, this happens because the creditors are inefficient. They are not actively trying to harass you. The information about your bankruptcy case simply has not yet been entered into their automated billing systems. Even so, it is annoying, and you probably want to make it stop.
Let’s assume the creditor is correctly listed in your bankruptcy case yet they continue to send you unwanted bills and collection letters. (If they aren’t correctly listed, you have other problems and you will need to tell your attorney about this creditor and any listing or address problems immediately.) But if they are properly listed, it will cost you about $0.03 cents to make a photocopy, and $0.44 for a postage stamp. Then do the following:
- Take one of the BK notices you got for your court hearing, and make some copies of it.
- Use a bold making pen and write on the face of the bill, “See attached BK Notice!”
- Staple a copy of the Bankruptcy notice to the bill.
- Mail the bill and attached notice right back to them (preferably in their own return envelope if they provided one.)
And for poetic justice, you might use a “Forever” stamp because the creditor will now have to leave you alone… forever.
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