Ch 13 Discharged But Still Being Charged?

[JeanneInFL22]

Hello,
I hope someone has some insight. My case was just recently discharged, but I'm still being charged monthly in FL. I just had an automatic debit come out of my bank account even though I'm paid in full. Additionally, TFS billpay is showing a pending payment in February. Attorney doesn't seem concerned. I thought when I was paid in full no more payments would be debited. Has anyone had a similar experience? Thank you!

[justbroke]

The only way is to get back with your attorney and find out why the payments haven't stopped. It is likely that your attorney may not have sought to have the Wage Deduction Order withdrawn. I think some Florida district require the debtor (through their attorney) to issue a motion to with draw that WDO. I don't think the Trustee does it. Perhaps your attorney has now done that but the notification wasn't done.

Also, TFS billpay? Isn't that set up by the debtor? If you setup TFS billpay yourself through the Trustee then you need to stop that billpay. I also used TFS billpay but I had to notify the Trustee/TFS to stop withdrawing money. They had taken more than $11,000 before I realized I had to stop something that I set up.

Either way, ask your attorney specifically how to stop the withdrawals. However, if you set this up yourself, then you'll have to request the stop.

[JeanneInFL22]

Thank you for your response. I didn't have wages taken out of my job, but out of my bank account through TFS billpay. I have reached out to TFS this past Friday so hope to hear something soon. I guess I just thought when you are paid in full no more money would be debited. I do see an option on TFS to stop all payments but I'm a bit hesitant to do that yet. I'm also hoping I'll get reimbursed for the January payment soon. Attorney said in a few weeks.
Thanks again for your reply!

[justbroke]

Well, I thought that too and they not only took $11,000+ before I realized it, they took another $5,500 before the wage order was stopped.

You will always get reimbursed for overpayments (payments made after the last payment that you required to make). I received two refund checks from the Trustee. Once for $13,000 and one for $3,500... only after I begged because my mortgage payment was overdue!

[JeanneInFL22]

WOW. That is so disturbing that this happened to you. I'm very tempted to hit the stop all payments button but will wait till closer to Feb 15th.

[CHIQUITA]

Good idea!! Just wait but the attorney needs to do something on your behalf. I thought the Attorneys only represented me until the Chapter 13 plan was confirmed but again I was wrong but at least my attorney told me that the firm represents me until the end of the case upon discharge.