Think I know the answer.......

[BNKRPTinNC]

We have had a dispute with an accounting firm that sent us a bill to our address under someone else's name. Initially the bill was posted on 3/30/08. When questioned they said there must have been a mistake and would get back to us. Received another bill, with penalty, on 2/30/09. Again called asking what this bill was for and once again they told us they would get back to us as we were not certain the bill was legit, for us anyway. Now while this is going back and forth, sort of, we had filed for bnkrptcy and would have added them to our list of creditors but didn't know that we owed. We could have added them but even after the second bill they could not confirm that we owed the amount. We have gone back and forth with them until now.

It is now over 3 years since initial billing and the SOL in my state is 3 years on open ended accounts which I am assuming this is.

I guess my question is can they collect? But I am thinking I answered my question in my previous statement.

[LadyInTheRed]

If the SOL has expired and you haven't done anything to restart the SOL, they won't be able to get a judgment against you. But, the SOL doesn't mean they can't sue you after your discharge and require you to file an answer to prevent a judgment. It sounds like it wasn't even your debt anyway. They can't get a judgment if they can't prove the debt is yours.

You should have listed this debt on your petition as a disputed debt. If they filed a proof of claim, you could have objected to the claim and forced them to prove you owe the debt. Talk to your attorney about whether you can add them at this point. It would be better to have closure through your BK than to have to worry about having to deal with it later, even if you ultimately would prevail.

[newbie2]

We have had a dispute with an accounting firm that sent us a bill to our address under someone else's name. Initially the bill was posted on 3/30/08. When questioned they said there must have been a mistake and would get back to us. Received another bill, with penalty, on 2/30/09.
It is now over 3 years since initial billing and the SOL in my state is 3 years on open ended accounts which I am assuming this is.

I guess my question is can they collect? But I am thinking I answered my question in my previous statement.

If the bill isn't in your name, then it really shouldn't be a concern. They have a typo error on the address, nothing more. Next bill send it back "return to sender, no one by that name lives here."

[BNKRPTinNC]

LadyintheRed
Would have listed them initially but was told we did not owe. Second bill we could've added them but there was still some question as to whether or not we owed anything. Hindsight being 20/20 we should have listed them. Will take your advice and send a copy of bill with a letter of explaination to atty.

Ah, newbie2, second bill had our name on it, dang it,

[AngelinaCat]

Make sure you keep copies of every time you have disputed their claim to them for your file, and also dispute them on all of your credit reports. As Lady suggested, see what your attorney has to say about this.

Please keep us posted. Good luck.

[BNKRPTinNC]

Make sure you keep copies of every time you have disputed their claim to them for your file, and also dispute them on all of your credit reports. As Lady suggested, see what your attorney has to say about this.

Please keep us posted. Good luck.

Thanks for the response AC. Dispute has always been done via phone with a "we'll check into it and get back to ya", so no paper trail. Letter to atty w/copy of latest statement so will see what her take is on it. She's a bit of a shark so I'm not too concerned as the bill is over 3 years old.

[BNKRPTinNC]

Update

Atty notified us that we can add it to our plan. As Lady said it it is better to have closure on this and the peace of mind that when this is all over, it will be all over. I was surprised that it could be added when we are 2 1/2 years in but it's worth the $26 to include it.