Comments on: A Battle with Nationwide http://mcleodlawoffices.com/2006/08/a-battle-with-nationwide/ McLeod Law Offices, Boston, Massachusetts. Consumer Bankruptcy, Business Bankruptcy, Litigation: Bankruptcy, Consumer & Debt. Mon, 06 Sep 2010 12:16:34 +0000 http://wordpress.org/?v=2.9.1 hourly 1 By: Jonathan Ginsberg http://mcleodlawoffices.com/2006/08/a-battle-with-nationwide/comment-page-1/#comment-103 Jonathan Ginsberg Mon, 28 Aug 2006 06:08:14 +0000 http://mcleodlawoffices.com/?p=134#comment-103 Bill - I have also had the pleasure of talking to irrational and rude bill collectors. Several years ago, I had a client for whom I had filed a Chapter 13 to stop a repossession. Shortly after the filing, the car was repossessed. When I called the car dealer (a buy-here/pay-here dealer), the owner told me in no uncertain terms that he "didn't give a sh*t about no bankruptcy and that he was going to go get his f**ing car no matter what some a***hole judge said. Unfortunately for him, I recorded that conversation and when his attorney called me the next day, I suggested that the bankruptcy judge might find his client's attitude somewhat unsettling. Needless to say, we got the car back fairly quickly. Bill, I would only add that debtors can help themselves by (a) saving all written collection materials sent to them, (b) recording bill collector phone calls - assuming that such recording is legal in their State and (c) recognizing what is going on - that the bill collectors are trying to intimidate and harass - and not to fall prey to the harassment. Jonathan Ginsberg Atlanta, GA <b>Bill Responds></b>: Hi Jonathan, There is nothing unlawful about keeping recordings of voicemails or of tapes in answering machines. As for recording the conversations, in Massachusetts you cannot tape record conversation without the express permission of the caller on the other end of the call. Unless Massachusetts debtors get permission, my recommendation is to keep a notebook right next to the phone and get detailed notes. Also, it's helpful to get Caller ID - it may be helpful to take a photo of the Caller ID screen which will show the date and time of the call(s). Bill – I have also had the pleasure of talking to irrational and rude bill collectors. Several years ago, I had a client for whom I had filed a Chapter 13 to stop a repossession. Shortly after the filing, the car was repossessed.

When I called the car dealer (a buy-here/pay-here dealer), the owner told me in no uncertain terms that he “didn’t give a sh*t about no bankruptcy and that he was going to go get his f**ing car no matter what some a***hole judge said.

Unfortunately for him, I recorded that conversation and when his attorney called me the next day, I suggested that the bankruptcy judge might find his client’s attitude somewhat unsettling. Needless to say, we got the car back fairly quickly.

Bill, I would only add that debtors can help themselves by (a) saving all written collection materials sent to them, (b) recording bill collector phone calls – assuming that such recording is legal in their State and (c) recognizing what is going on – that the bill collectors are trying to intimidate and harass – and not to fall prey to the harassment.
Jonathan Ginsberg
Atlanta, GA

Bill Responds>:

Hi Jonathan,

There is nothing unlawful about keeping recordings of voicemails or of tapes in answering machines. As for recording the conversations, in Massachusetts you cannot tape record conversation without the express permission of the caller on the other end of the call. Unless Massachusetts debtors get permission, my recommendation is to keep a notebook right next to the phone and get detailed notes. Also, it’s helpful to get Caller ID – it may be helpful to take a photo of the Caller ID screen which will show the date and time of the call(s).

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