what happens if you don't have a current address on a creditor?

[Bobbi]

i have someone i owe money to, well she thinks i do, and to be honest, i don't, but i want to avoid civil action, since she is an idiot. i don't have a current address, and i have looked and looked. do i use the address i have on file? what if she doesn't get the motion?

[woeisme]

I'd use the address you have. Even if she doesn't get the notice, you will have the debt discharged, and can take the discharge papers with you when/if she tries to sue later. I think even debts you "forgot" and didn't put in the petition are still considered discharged if they would have been discharged if you had put them on the petition (not recommending it! just something I read, you're definitely better off listing it.)

[southernbelle]

I would use the address you have on file. I have been keeping a huge binder with the latest contact info. from everyone I owe and even people I think might say I owe them later. If you don't have the most current information, list what you have and make a note to tell your atty.

Just my 2cents worth.

[FreshLikeADaisy]

Use the address you have on file, and any other address you know of for her, the more the merrier. If she comes out of the woodwork at some point and tries to sue, you use that to demonstrate your "best effort" attempt at contacting her, which means that she's SOL. Worst case scenario (which is not all that painful, actually) is you reopen your bk, add her as a creditor, and the debt gets discharged anyway. It's a pain in the keister, but that's about all it is, if you use any and every address you have for her in your matrix. Also, when you list her debt in your schedules (probably Schedule F, I'm guessing) be sure you check the "disputed" box. If the trustee wants to know why, he'll ask. I had a disputed debt and never heard a word about it from the trustee. Good luck!!!!

[Bobbi]

cool, that is what i thought, but i wanted to make sure they will still discharge if she claims she didn't get it....