Emergency Help!

[cafiler]

Sorry guys but i need your input to this guys
I had my 341a June and things went smooth, Trustee was nice and never received any paper saying i need to go back
I filed chap 7 no asset

Anyway 3 years ago i rented a place with my wife and uncle
3 of us was under the contract.
However, after moving out from that place we received a bill regarding the carpet condition etc. which we owed them 2500 dollars, ofcourse we didnt pay it because the condition of the carpet was exactly the same when we first move there. So we disregard it, because they want us to pay that 2500 which even if we felt that we are not obligated we offered them to lower it. but still they wont. So they put us in collection. well we have been receiving some statement from collection on how much we owed. (2500) they are referring to My and my wife. and my uncle's name was never in the paper whenever they send us a bill.
So when i filed bk i didnt put my uncle's name i went with the statement they are sending under my name and my wife. Oh well after a month from my 341a
My uncle received a letter from that apartment that we still owe them and they are coming after my uncle.

Should i amend it? or should i ask the apartment that why on the statement my uncle was never mentioned and suddenly his name is popping up on the bill.

How do i procede to this i filed pro se and i dont want to go back to the court for this, I really dont. and how much will it cost me.
does anyone here who had the same situation? or somebody who knows what to do?
I will really appreciate it guys

thank you so much and good luck to all

[music12]

there is really not much you can do about it within your bk. your debts are being discharged in bk. putting your uncle's name in your petition won't discharge any of his debts unless he files for bk himself. this holds for any debts, disputed or not.

you have a disputed debt, you discharged it, and your uncle is a co-debtor who has not filed bk, so he is not discharged. it is now up to him to contest the whole thing: both his own liability and the "damage" to the carpet.

first thing to do would be to check the statute of limitations. i would say you should calculate it as the time between the time you all moved out and the first time they contacted your uncle. also check whether your uncle happens to be judgment proof or collection proof. worst thing: they'll take your uncle to court (probably just small claims) and you'll help him contest it there.

[AngelinaCatHub]

there is really not much you can do about it within your bk. your debts are being discharged in bk. putting your uncle's name in your petition won't discharge any of his debts unless he files for bk himself. this holds for any debts, disputed or not.

you have a disputed debt, you discharged it, and your uncle is a co-debtor who has not filed bk, so he is not discharged. it is now up to him to contest the whole thing: both his own liability and the "damage" to the carpet.

first thing to do would be to check the statute of limitations. i would say you should calculate it as the time between the time you all moved out and the first time they contacted your uncle. also check whether your uncle happens to be judgment proof or collection proof. worst thing: they'll take your uncle to court (probably just small claims) and you'll help him contest it there.

I agree, but I add: You owe for what? Did you have a contract? Did you get a rental receipt? Did he sue you? If no to all, tell him to "pound sand". Give him a dispute letter, and invite him to small claims Court and argue that there. You will certainly win but in any case, call the bully's bluff. 'Hub

[cafiler]

My god

Thank You to both of you..
hahhaha i didnt think about it I forgot that it wont be discharge anyway no matter what.. because he didnt file bk
any co debtor will be solely responsible to all my debts now. my uncle can just contest it or file bk himself
what am i thinking? i just freak out right away.
so if i didnt put the codebtor as him should i just let it go because it aint gonna do much anyway right?

another one if you guys dont mind
I have a statement bills lets say bank of A and on the credit report no such Bank of A appears there, but there is a bank of B that appears that matches the account number of my bank of A statement. so i put the bank of B instead of Bank of A because im thinking its now the new creditor will they come after me the bank of A or no need to worry about it.

thank u again so much

[tinfoilhat]

With the carpet thing. Ignore it. If he takes you to small claims so be it, the amount he owes you isn't worth it if he tries hiring a lawyer. He'll lose either way.
Thats my opinion, it's not legal advice, thats what I'd do. No further explaination to be expected.

another one if you guys dont mind
I have a statement bills lets say bank of A and on the credit report no such Bank of A appears there, but there is a bank of B that appears that matches the account number of my bank of A statement. so i put the bank of B instead of Bank of A because im thinking its now the new creditor will they come after me the bank of A or no need to worry about it.

thank u again so much

You need to list bank A as the original creditor and bank B as the collection agency.
I could be wrong but thats what it sounds like here, and I just got done doing that two weeks ago.

[jadams]

Have your Uncle read up on sending validation letters. There's a very good chance they won't be able to validate anything, and they probably know it. They make their money off scaring people, not off having good records.

If your Uncle hasn't already been through it, please make sure he understands that collection agents *will* lie, be deceptive, and threaten. Until you've been on the receiving end of the phone, it's hard to imagine they can get away with what they often do.

Make sure he educates himself in regards to his rights and the consequences before he does anything in regards to the debt. If it's past the statute of limitations collection agencies can still make collection attempts in most states, but can not sue, garnish, or things like that. They will likely imply they can. But making a partial payment could possibly reset the statue and allow them to sue for the balance.

Like tinfoilhat said, there's a good chance with a validation letter he'll never hear from them again and nothing will come of it. In three years, with multiple co-signers, and a BK filing, there are so many issues there is a good chance they'll drop it at the first sign he isn't an easy mark.

But other options include settling for less than the full amount demanded (50% is a very common first offer on a debt of this type and age, 15-20% isn't too rare.)

[PdxDavid]

With the carpet thing. Ignore it. If he takes you to small claims so be it, the amount he owes you isn't worth it if he tries hiring a lawyer. He'll lose either way.

In small claims you do not need a lawyer. Like Peoples Court. Someone files a complaint. The date is set. You both come in and present your case/evidence. The judge rules on the facts of the case. Boom! Either the uncle would owe all or part or none of the $2500. That is it. There are filing fees of some sort.

If the case is old then there probably is nothing they can do. Like someone said before. Check the statute of limitation. I am also not sure they can sue your uncle for the entire amount if he was not the only one on the agreement.

[tinfoilhat]

In small claims you do not need a lawyer. Like Peoples Court. Someone files a complaint. The date is set. You both come in and present your case/evidence. The judge rules on the facts of the case. Boom! Either the uncle would owe all or part or none of the $2500. That is it. There are filing fees of some sort.

If the case is old then there probably is nothing they can do. Like someone said before. Check the statute of limitation. I am also not sure they can sue your uncle for the entire amount if he was not the only one on the agreement.

They don't have a chance unless they have before and after pics, etc.
I doubt they do. I bet they'll just disappear, and if not just deal with it later. Deal with it now, or deal with it later...the outcome will most likely be the same IMO.

[music12]

just make sure not only not to make any payments, but also not to make any promises to make payments. even a promise can re-start the statute of limitations.

[blankslate]

Agree with all of the replies here. Make sure he does not acknowledge it as a debt and argues it every time saying "I did not do that and I do not owe that." If they want to take him to small claims, no way will a judge find in favor for $2500 of carpet damage!

I had this problem with nearly every apartment I ever rented. They always came up with some ridiculous cleaning and damage fees that just weren't true. One of them my best friend still lived next door. She knew that they were replacing the carpets with hard floors in every unit and curtains with blinds as soon as those units were vacated. They tried to charge me $1000 to clean the carpets and drapes when she saw them chuck them in the dumpster. I just accepted that every landlord was a crook and I would never see a "deposit" returned. I was shocked when I moved last year and actually did get my deposit back! I always spend an entire day cleaning when I move making sure everything is perfect.

[cafiler]

Thank you

THANK YOU EVERYONE
The thing it was really like the same condition before we moved but they insist that is out fault, that is the reason why we never wanted to pay.
Now what i would do is tell my Uncle to let it go for now, and if its getting worst i will settle a payment, in regards to my bankruptcy
I did declare them as my creditor except for the co debtor.
Only the problem is the account number from the apartment bills doesnt show
its like a reference number something that will identify the charge and thats what i put because it wasnt on my credit report, but the letter that they sent us is giving us a new number
Oh well
All i know is I cant wait to have a fresh start, and discharged my debts
its a bit embarrasing but what can i do we need a brand new life.
THANKS EVERYONE

[music12]

well, obviously the apt people know you filed, that's why they are going after your uncle now. so don't worry about the account number.

do you have a condition statement with the landlord from the time you moved in?

[cafiler]

YEs

Are u talking about the contract paper that says about the dos and dont and
responsibility? If yes my uncle has it.
Well i just send them a copy of my 341a is that a wrong move?
Uncle said he will deal with them after i got discharged,
what do u think?

Thank You again!

[music12]

no: i meant, when you move into an apartment, especially if there is a security deposit (was there?), the tenant & landlord fill out a form that lists any defects in the apartment. if such a form exists, it establishes the condition of the property before you moved in.

nothing wrong with sending them your 341. maybe they'll get confused and leave your uncle alone. does the apt have a lawyer or are they just sending themselves? if they keep bothering your uncle, you could threaten court action for violation of the automatic stay. even if they are going after your uncle now, it's not completely clear that they are not violating the stay.

[cafiler]

OH Ok

No i dont have security deposit. and that contract or forms that we fill up.
its gone..
Right now I will just call call them tomorrow, tell them about my BK and case number. and if they dont listen to me, i will write them informing them that i tried to call and now im writing to them about it again along with the 341a
and in regards to my uncle he wont make any payment yet because by paying we are admitting it, worst come to worst if they force my uncle then i guess my uncle will have to settle a monthly payment, unless he wants to contest it to the court.
You have been such a good help and so does the others
I appreciate you all guys..
THANK YOU THANK YOU
Are u a paralegal for bk? just curious.
One thing im happy about it, I filed pro se it saves me a lot of money it was difficult but through this site i made it. I will never forget this site and the people here.