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Can I add a creditor to my matrix without using my attorney???

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    #1

    Can I add a creditor to my matrix without using my attorney???

    We just had a zombie creditor come out of the woodwork and has been calling us since we filed in early November. We have received 10 phone calls from this debtor. The debt that they tell us we owe is something we have never incurred and according to them its from 2005.

    I want to add this company to my creditor matrix and was going to have my attorney add them but their cost is $100 plus the $26 fee the court charges. I feel I can do this myself and only incur the $26 fee.

    My Question is: Can someone that has an attorney amend their claim themselves and save the attorney costs? Or since I have the attorney do I have to use them to do this. I don't have an extra $126 lying about, that is why I'm bankrupt.

    thanks everyone for the help
    Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.
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    #2
    Hi Fallonedward,

    You can add them yourself, but I would be sure that your attorney knows what is going on.

    There might be an even easier, cheaper way....send the creditor a letter w/ a copy of your BK notice that has your case # and file date. In the letter politely but firmly tell them that this debt was incurred prior to your petition date, that any attempts to collect are a violation of the automatic stay, and any further communication will be recorded and used as evidence. Send it certified mail, return recpt requested. You could ask your attorney to send the letter, hopefully for less than $100...

    Then, if they keep it up, really do record everything, take it to your attorney and ask them to take it to the BK court, legal fees are awarded and judges are usually pretty generous to debtors.

    Glad to see you are on your way!

    Tom in Colo
    Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

    Comment

      #3
      Why would you add them as a creditor if its as you state - you didnt incur the debt? If its not yours, then dont add it - and ask them to prove its yours and from where/when/who purchased from/ etc. i.e., validation.

      I wouldnt amend my paperwork if I knew it wasnt my debt to begin with.

      Whats your SOL?

      Comment

        #4
        Send them a C/D, your bk number, and tell them to pound sand......
        All information contained in this post is for informational and amusement purposes only.
        Bankruptcy is a process, not an event.......

        Comment

          #5
          Thank you Pandora. Each time they have called I have asked them to send me proof and to date they have not. They started calling the day after we filed, which that in itself is weird. Today when they called they changed the story up a bit and stated now if was for a summer camp my daughter supposedly attended in 2005 but they can provide no proof that she was ever there (which she was not) ugh so frustrating.


          In other news my attorney told me that he has to be the one to amend the matrix, I told I can't afford him at $126 in total to add this one debt to my matrix.

          What does SOL stand for?


          Originally posted by Pandora View Post
          Why would you add them as a creditor if its as you state - you didnt incur the debt? If its not yours, then dont add it - and ask them to prove its yours and from where/when/who purchased from/ etc. i.e., validation.

          I wouldnt amend my paperwork if I knew it wasnt my debt to begin with.

          Whats your SOL?
          Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

          Comment

            #6
            Frogger what does C/D stand for?

            Originally posted by frogger View Post
            Send them a C/D, your bk number, and tell them to pound sand......
            Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

            Comment

              #7
              I would give them your case number over the phone and I would send them a letter, certified with return receipt, advising them you have filed, give them the Notice to Creditors, and then wait a week or so to update. Then if they contact you again, advise them the next time they contact you will pursue legal action as it is a violation of the stay.

              Nothing says Shut Up like a lawsuit.
              I may be smarter than an attorney, but I'm not one. No legal advice here, people.
              Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

              Comment

                #8
                Hi Fallonedward, Hi all,

                Go for the quick, easy fix, send them a letter...

                SOL = statute of limitations, after X time they can't collect on a Y type debt. (took me awhile to figure out this wasn't s*** out of luck)

                Frogger, what does C/D mean?

                Tom in Colo
                Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

                Comment

                  #9
                  C/D I'm assuming is cease and desist
                  Filed pro se, made it through the 341, discharged, Closed!!!

                  Comment

                    #10
                    How do I find the SOL (thanks for the definition) for this zombie debt?

                    Originally posted by tcreegan View Post
                    Hi Fallonedward, Hi all,

                    Go for the quick, easy fix, send them a letter...

                    SOL = statute of limitations, after X time they can't collect on a Y type debt. (took me awhile to figure out this wasn't s*** out of luck)

                    Frogger, what does C/D mean?

                    Tom in Colo
                    Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

                    Comment

                      #11
                      Search "Statute of limitations on debt in (your state here)" and you should be able to find it.



                      LOL @ Tom's comment re: SOL. I thought that the first time I read it too. Seems like we've all been in THAT boat
                      Filed pro se, made it through the 341, discharged, Closed!!!

                      Comment

                        #12
                        Thanks, it says 6 years for my state. I would still like to add this goof ball of a company just so it does not haunt me down the road and prevent my fresh start accounting to take place. However I will have to figure out a way to add this myself as I can not afford the extra $100 my lawyer wants to charge to add it.

                        Originally posted by free2breathe View Post
                        Search "Statute of limitations on debt in (your state here)" and you should be able to find it.



                        LOL @ Tom's comment re: SOL. I thought that the first time I read it too. Seems like we've all been in THAT boat
                        Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

                        Comment

                          #13
                          Originally posted by free2breathe View Post
                          C/D I'm assuming is cease and desist
                          And you are correct. Thanks.
                          All information contained in this post is for informational and amusement purposes only.
                          Bankruptcy is a process, not an event.......

                          Comment

                            #14
                            LOL! I didnt even think about SOL being S. out of luck Sorry Fallen... yes, I meant stat. of limitations (got me giggling over here).

                            I would send the C&D letter certified reg. return sig required - and mention in it how many times they've called you after you've told them you've filed BK and the debt is in question. Provide your BK number in it as well - that way you have written proof that they've received it along with ample warning just in case they violate again. Start recording your calls that you receive from them should they call again, if you can (check your laws for 1 or 2 party notification) - that way you'll have proof should you want to sue.

                            However - your lawyer should be doing all of this for you and sending out letters warning of future actions for violating the BK stay - so make sure you tell your lawyer about everything as well.


                            Good luck and thanks for the giggle this morning

                            Comment

                              #15
                              My attorney stated this is not covered in our agreement and if I want him to do the letter writing, its a $100 charge for each letter, no thanks, I can do it for free.

                              Originally posted by Pandora View Post
                              LOL! I didnt even think about SOL being S. out of luck Sorry Fallen... yes, I meant stat. of limitations (got me giggling over here).

                              I would send the C&D letter certified reg. return sig required - and mention in it how many times they've called you after you've told them you've filed BK and the debt is in question. Provide your BK number in it as well - that way you have written proof that they've received it along with ample warning just in case they violate again. Start recording your calls that you receive from them should they call again, if you can (check your laws for 1 or 2 party notification) - that way you'll have proof should you want to sue.

                              However - your lawyer should be doing all of this for you and sending out letters warning of future actions for violating the BK stay - so make sure you tell your lawyer about everything as well.


                              Good luck and thanks for the giggle this morning
                              Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

                              Comment

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