top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

1 CA/creditor didn't get notice mailed to...

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    1 CA/creditor didn't get notice mailed to...

    I got notice that the BK court didn't/couldn't mail the notice of BK to one of the CA's. I just called the CA this morning to verify their mailing address, and it's accurate! I had listed their correspondence/payment address (PO Box) on my schedule. The CA gave me their physical address during the phone call, so I'll use that to mail the notice of BK.

    Do I need to mail it certified at the Post Office, or can I just mail it standard First Class?

    #2
    You can mail it standard first class mail. You might want to file a certificate of service that you served them yourself. Also, you told them that you filed, so now they have constructive notice.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Is a certificate of service an official BK form, or something I get from the Post Office?
      Originally posted by justbroke View Post
      You can mail it standard first class mail. You might want to file a certificate of service that you served them yourself. Also, you told them that you filed, so now they have constructive notice.

      Comment


        #4
        Um, your District's website may have a sample certificate of service. It's not a USPS form. It's a statement, under penalty of perjury, that you mailed (served) a paper on someone. I don't think it's really required in your case, but if you think that CA is going to be trouble and say "they never knew"... then it may be good to file a certificate of service.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          The CA doesn't seem to be balking at all. When I called them this morning to reconfirm their address, the rep looked in her computer and told me that they are in process of validating that indeed their debt is listed in my BK. She said they would close my file with them as soon as their research is done.
          Originally posted by justbroke View Post
          Um, your District's website may have a sample certificate of service. It's not a USPS form. It's a statement, under penalty of perjury, that you mailed (served) a paper on someone. I don't think it's really required in your case, but if you think that CA is going to be trouble and say "they never knew"... then it may be good to file a certificate of service.

          Comment


            #6
            The Nolo book has some procedure in it wherein some third party mails it certified for you and signs the certificate of service which can then be filed, so there'll be an example certificate of service in that. Personally, I didn't bother with all that, but I thought certified mail cheap for the peace of mind it gave.

            Comment

            bottom Ad Widget

            Collapse
            Working...
            X