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My husband and I recently fell on some HARD TIMES!! We have 3 kids a mortgage 2 car payments. etc. Recently we had a family matter that required a LOT of MONEY!! Problem is we are so far in dept now that the credit card payments have not been sent out the past few months and they are starting to call REGULARLY!! Discover card calls at least 6 times a day than the others are calling too!! What can we do to get them to stop calling!! I claimed bankruptcy about 4 years ago before we were married so we are afraid that he won’t be able to claim or whatever….we do not want to lose the house!!!
q1). how to get them to stop calling!!
q2). can he file bankruptcy without them going after me for the portion of the debts incurred after the marriage (my name is NOT ON ANYTHING that is past due) Only his……
Q3). will any of them accept a settlement but to be paid monthly not in one lump sum? ( we can literally only afford about 30-50 each a month) and their are 5!!
Can I faxe them the letter stating I do not want further contact with them?
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7 Responses to Creidtors won’t stop calling. . . . . HELP!!!!!?
WealthBuilder
June 6th, 2010 at 6:17 pm
1. Pay the house note first. Everything else is secondary. Credit cards are last on the payment priority.
2. Tell the debt caller, civilly, that you are aware of the problem and you are working to resolve the issue. You caould, either
a) tell them you had a family emergency and that you’d like to work out a payment plan – and then do so, or
b) if they are a bunch of a-holes, tell them, civilly, that they are no longer to call you and all correspondence must be through the mail. The collector is legally obliged to follow this order.
If the collector does NOT stop harassing you , you have legal remedies on the Fair Credit Reporting Act (FCRA). The Creditor may not call yo uat work if you have notified them that they may not call there. They may not call your neighbors and friends and tell them of your debt. KNOW your rights.
3) Seek a permanent solution. You will either need to slowly pay off your debts or bring in more money. Hiding makes matters worse. My parents have been hiding for 25 years. I can’t tell them there’s another way.
renee
June 6th, 2010 at 6:51 pm
you could either call one of those debt consolidation places or talk to the creditors and let them know whats been going on and see if you can work out some sort of payment plan. i know how you feel. my husband and i are in a similar situation. we had to sell our house, luckily my best friend just got divorced and she had plenty of room at her house and needed help too. good luck.
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June 6th, 2010 at 7:08 pm
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Naemesees
June 6th, 2010 at 7:42 pm
1) You answer 1 call request their mailing address and mail a letter telling them you do not wish to receive call neither @ home nor @ work. They will take your number of the system. It’s the law …. If they call again (which I don’t think they will) first thing you tell them is : “This call it’s being recorded if you want to continue said yes” …. you will hear a click!!!
2) If your name is not on the debt due to the Privacy Act they shouldn’t be disclosing any information to you. If they ever ask you if you have knowledge of the debt just say NO. They will have to stop asking anything else to you regarding the debt.
3) Yes, you can settle for 12 payments not all creditors. A bank debt stays at the bank for 6 months after that it will be” charged off” and sold to a collection agency. Before they sell the account they will try to recuperate some money that is when you can settle 12 months payments. You can also go to a Debt Consolidation program like Consumer Credit Counseling.
helper
June 6th, 2010 at 8:12 pm
1–depending on how far along your debt is, you can cease them from all calls via written communication only–send them a letter ceasing them from calling you and stating that you want only correspondence in writing. if they are or begin to (which they will) call your employer you may cease them verbally.
2–depending on where you live his debts may be considered yours as well. certain states, such as AZ, CA, NM, TX etc…are community property states, meaning everything each of you owns or owes is shared. this applies whether your name is on it or not….and, in case you arent aware, the bankruptcy laws have recently changed and it is much harder to file.
3–most companies will not accept settlements in more than one payment, but some will split it between, 2, 3 or 6 payments….this all depends what stage these debts are at….also depends, of course, on the size of debts. 30-50 dollars a month is more reasonable on a debt that is 1000.00 versus something that is 6k…
—my advice—it can be difficult to deal with collection agencies; they can be rude and pushy and insulting…try to remember it is their job and a lot of people they deal with are deadbeats who continually lie and make excuses because they wont ever pay their bill. however, tough times fall on all of us. the unfortunate part is that it doesn’t matter what happened because a legal document was signed which agrees the debt will be paid on a regular basis….so…that is the perspective they are coming from. typically, companies will settle debts out from 95 down to 50 percent of the total debt owed. it depends on a lot of factors.
—are u current on your mortage? is there equity in your property? could you refi?
—can anyone possibly help you? best to try and settle out these accounts before they get too far.
—if you talk to debt collectors and they are telling you that you have to pay more than 50 dollars a month, send it in anyway. they will tend to say they wont accept anything other than X amount… at least then there is payment on the account…it is not necessarily that important at this point that you pay the min. monthly payments, but that there is something being put toward the account.
—good luck to you!!!
if you want to know laws on collection acts—search yahoo for the FDCPA (fair debt collections practices act)–the more knowledgeable you seem, the better off you will be…
CCTCC
June 6th, 2010 at 8:20 pm
Pay the house, food, utlities in full first.
If you can only pay $30 – $50 a month to each, send them that. If it’s not the minimum payment, so what? If they call and complain at you, tell them you sent what you can afford and that’s all they’ll get. The key to stopping the calls is to pay something and talk to them once. You don’t have to listen to them rant and rave. Just say “I sent you what I can afford. I’ll send you more when I get the next statement. Good bye.” And hang up. They only call so many times in a day when they can’t get a hold of you. You don’t have to listen to them beyond that.
Sell the cars and get two really cheap cars that will get you from point A to point B with cash. Use the difference to pay down some of your bills. (I drove two pieces of crap at two different times so we could use the cash for other things.) Even if you don’t get any extra money out of the cars, at least you’ll eliminate two payments right away.
If he files, they will probably include you depending on your state. Most states are 50-50 as far as marital property (and debt) goes.
Budget your money very carefully. Cut out everything beyond house, food and utlities. You won’t go out at all or have much fun. Bankrupcty is only a temporary bandage.
Godsown
June 6th, 2010 at 9:09 pm
Look, don’t panic!!!
Try to make payment arrangements with them as soon as possible, try to show the effort, make minimum payments and anything extra try to pay towards the debt. Do not file bankruptcy, ever!! Ur husband needs to make payment arrangements and stick to it, don’t worry it’s okay. The more effort you show the better u will be. U and ur husband need to sit down and figure everything out. Best wishes and God will show u the way.