top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Creditor Addresses if Unknown?

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

    Creditor Addresses if Unknown?

    I hate to be a pain here, but I have another question. What if a creditor will not give you their mailing address (claim to be completely an online business)? This is related to a (hard to admit) payday loan company that is very good at hiding their location. They charged my checking account, before I closed it, through a completely different name than the name I borrowed through. I want to make sure they are listed and get notified in my 13 filing. I contacted the division of consumer finance in my state, and also contacted the state attorney general's office in an attempt to have the company tracked down. The company was not licensed in my state (Oregon) and their "collector" also does not appear to be licensed in the state. I seriously doubt they will file a claim, but I want to make sure they are listed in my petition, so they are forced into the automatic stay. In addition, after I survive my 5 years of "debtor's prison," I don't want any messes to clean up. My attorney would probably say, "Too bad for them." I would guess he believes that any creditor operating illegally will not wan tot draw any exposure, but... Any suggestions? I would certainly appreciate comments or experiences. Thanks in advance.

    #2
    list names..

    Originally posted by treehugger1 View Post
    I hate to be a pain here, but I have another question. What if a creditor will not give you their mailing address (claim to be completely an online business)? This is related to a (hard to admit) payday loan company that is very good at hiding their location. They charged my checking account, before I closed it, through a completely different name than the name I borrowed through. I want to make sure they are listed and get notified in my 13 filing. I contacted the division of consumer finance in my state, and also contacted the state attorney general's office in an attempt to have the company tracked down. The company was not licensed in my state (Oregon) and their "collector" also does not appear to be licensed in the state. I seriously doubt they will file a claim, but I want to make sure they are listed in my petition, so they are forced into the automatic stay. In addition, after I survive my 5 years of "debtor's prison," I don't want any messes to clean up. My attorney would probably say, "Too bad for them." I would guess he believes that any creditor operating illegally will not wan tot draw any exposure, but... Any suggestions? I would certainly appreciate comments or experiences. Thanks in advance.
    I would list all names and addresses, phone numbers, you do know...visit their website to obtain other potential information...if its a payday loan, there is always a paper trail...you might do some internet searching, you maybe surprised on what you find if you dig a little.

    Comment


      #3
      Today, the State AG's office sent me a couple of "possible" addresses I was looking for. I'll give my attorney these and ensure that I made a valiant attempt at determining correct addresses (Flip a coin to determine which address goes in the matrix). I doubt the party in question will bother to file a claim, as they would then have to acknowledge they are breaking the law as recognized in my state. That immediately knocks $1200.00 off of my 60 month creditor payback. Ahh... That's $20/month right there! I'm already dreaming of what I migh do with all that money. LOL

      Comment


        #4
        Originally posted by treehugger1 View Post
        Today, the State AG's office sent me a couple of "possible" addresses I was looking for. I'll give my attorney these and ensure that I made a valiant attempt at determining correct addresses (Flip a coin to determine which address goes in the matrix). I doubt the party in question will bother to file a claim, as they would then have to acknowledge they are breaking the law as recognized in my state.
        We had a couple of creditors with more than one business address, so our lawyer sent letters to each and every address we uncovered for a creditor. Your lawyer is likely planning to do the same. Sounds like you've done everything you can to find the addresses and can prove it if the creditor ever plays the "we weren't notified" game. Just keep all your notes and any related correspondence (emails, letters, etc) in a safe place just in case. If there's one thing I've learned through our bk experience so far, it's that you can't ever have too much documentation!

        Originally posted by treehugger1 View Post
        That immediately knocks $1200.00 off of my 60 month creditor payback. Ahh... That's $20/month right there! I'm already dreaming of what I migh do with all that money. LOL
        Is your current payback level at 100% to your creditors? If iit is, then your comment above is right. However, if it's less than 100% (say, 40% or 60%), if certain creditors don't toss their hats into the payback ring, it doesn't reduce the amount of your monthly payment or your payback total. All the other creditors who did file a claim just get a higher payback %. I specifically asked our bk lawyer about this and this was his response, much to my disappointment!
        Last edited by lrprn; 10-30-2006, 08:00 PM.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment


          #5
          It looks as if my payback will be close to 100%. So, anyone that doesn't claim their pot, will be SOL. My attorney made an interesting comment in that he stated that after the "claim" period is over, my payment plan will go through a final "adjustment," and will more than likely be less than what I pay prior to confirmation. I'm not quite sure I understand this as I thought payment was based on disposable income. But, I suppose since I've been told that I will be 5 years, nothing more, nothing less, this is possible. However, reading some posts on this board, I think I could wind up paying more than needed and at the end of five years, wait for the trustee to refund some to me. I guess I'll know what the payment is in a few months.

          Comment

          bottom Ad Widget

          Collapse
          Working...
          X