Violation of stay or not?

[anime-chicka]

I know I'm smarter than this but right now my mind is dealing with other stuff.

Long story short - one of the bills I put on my petition for was for labwork done back in September. They sent me a "third notice" - the first two never showed so I have no idea where they got the third from - stating that I owe this money. It's not much, probably about $40 for the two bills. But the fact is they WERE included in the matrix.

So is this a violation of the stay? They would have gotten a notice I imagine. It's interesting that my doctor's office is willing to work with me and told me to pay when I can, as have the other clinics I've been to.

Do I call them and let them know that they will get paid when I get the money or do I call my lawyer and let him know they're threatening me with collections if I don't pay up or give them an explination as to why I haven't paid. I'm hoping that I can use my tax return to pay for some of the bills I have waiting for me. All in all, I have about $100 of assorted medical bills to pay.

[dingdong]

If you scheduled the debt, it should be discharged. Why pay it? That is why you filed BK ,to wipe out your debt.

[BassBoy]

I know I'm smarter than this but right now my mind is dealing with other stuff.

Long story short - one of the bills I put on my petition for was for labwork done back in September. They sent me a "third notice" - the first two never showed so I have no idea where they got the third from - stating that I owe this money. It's not much, probably about $40 for the two bills. But the fact is they WERE included in the matrix.

So is this a violation of the stay? They would have gotten a notice I imagine. It's interesting that my doctor's office is willing to work with me and told me to pay when I can, as have the other clinics I've been to.

Do I call them and let them know that they will get paid when I get the money or do I call my lawyer and let him know they're threatening me with collections if I don't pay up or give them an explination as to why I haven't paid. I'm hoping that I can use my tax return to pay for some of the bills I have waiting for me. All in all, I have about $100 of assorted medical bills to pay.

I wouldn't consider this a violation of the Stay.............yet. It's not unlikely that debtor's recieve demands for payments from collections. If this is the only notice you've received, then chaulk it up as the collections didn't receive the notice, or the paperwork isn't on file anywhere. Simply send them a copy of your BK filing along with your matrix showing they are included and this should take care of it. I would also inform your attorney as well just to keep him/her in the loop.

And I agree with dingdong, if this debt is listed and scheduled to be discharged, then there is no need to pay it.

[StartingOver08]

I agree with the others - don't pay. But, also, once you have notified the CA in writing CMRRR, keep a record (copy) of all your contacts.

If they continue to dun you for the payment, then take the CA to court. You will have a papertrail showing they were notified...and it is very likely you will get paid for their violations. You may need to have multiple violations (I am thinking two as opposed to 10!) in order to make this work in your favor - but wouldn't it feel good to get them off the credit report AND have them pay you?

[anime-chicka]

To clarify: this is a bill from the lab that did the work itself, not a CA. I'm sorry if I made sound like it was. The lab itself is claiming they sent me two other notices (again, never received) and that this is their third notice. They are requesting payment or a reason why it hasn't been paid. I did confirm that they were included on the matrix, as I looked up my paperwork last night.

I sent an e-mail to my lawyer to see what he says, so we'll see.