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Should I panic yet? Trustee payment has not been received

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    Should I panic yet? Trustee payment has not been received

    I know this probably has been answered here before, but I just can't seem to find any information. I mailed a payment to my trustee (P.O. Box in TN) 12 days ago, but it has not been posted on the 13datacenter yet. Usually everything posts by about 7 days. I checked with my bank today, that issued the money order, and it has not been cashed either.

    I used regular First Class Mail (with a stamp.) My due date is the 1st of the month, and I figured I had plenty of time mailing it out on the 15th.

    Who should I contact about this, my lawyer or my trustee? I guess that's the last time I'll be using cheap mail!

    #2
    Originally posted by lillymarlene View Post
    Who should I contact about this, my lawyer or my trustee?
    Contact your lawyer immediately to let him/her know you sent your money order payment on June 15 but according to the bank it has not been cashed yet and your trustee's office hasn't posted the payment as they normally do. Your lawyer will notify the trustee that your payment has been sent but may have been lost in the mail.

    Do keep your receipt that you did get the money order from the bank, although unfortunately this receipt isn't proof you actually sent it. There's no way to trace first class mail

    As you have discovered, it's best to create a paper trail each month to prove you sent your Ch 13 payment on time just in case it is misdirected (aka lost) by the USPS. Since you are allowed to send your payments yourself directly to your trustee, consider sending your money orders by registered mail/return receipt to create that traceable paper trail and give you peace of mind each month that your payment arrived safely.

    Another option to think about is to set up online bill paying through your bank or credit union. That way your bank or CU becomes your objective proof you sent the payment on time because they send it and have a record of it as well. You can control when the payment goes each month or set it up to go out automatically every month from your account of choice. We've been doing this for the past three years and it's worked very well for us. Just something to consider....
    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

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      #3
      Thanks lprn. I'll contact my lawyer tomorrow. This is awful, of course I don't really have the money for a "double" payment. (The bank said they'd cancel the money order if I wanted, of course there will probably be a fee and most likely I'll have to wait to be reimbursed.)

      Unfortunately, automatic bill pay is not an option for me. My trustee gave out a handout at the 341, which said only certified bank checks or money orders allowed, no electronic payments, personal or business checks.

      Comment


        #4
        Don't panic, it'll show up. They work slow down there in Memphis. It isn't Noo Yawk.

        Don't waste money sending certified mail , return receipt requested. You need that to live on.

        Wouldn't it be cool if the post office offered a service where, you're buying a USPS money order anyway, and sending it to a USPS PO Box anyway, why not just electronically transfer the money to the intended recipient?

        Oh, but the trustees are still in the 19th century.

        P.S. Just as a for instance, when I go to 13datacenter.com, it says "trustee data current as of 6/23/11", and today is 6/27/11.
        Now it's 6/28 as the clock just struck midnight :-)
        filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

        Comment


          #5
          Originally posted by catleg View Post
          Wouldn't it be cool if the post office offered a service where, you're buying a USPS money order anyway, and sending it to a USPS PO Box anyway, why not just electronically transfer the money to the intended recipient?
          That would be cool. Or they could sell a money order online and mail it to the recipient. They could even allow you to set up a recurring monthly order. They sell stamps and envelopes online. Why not money orders? When I first filed, I thought such a service must exist through Western Union or somebody. Nope. The USPS could be first and make some money.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

          Comment


            #6
            Originally posted by lillymarlene View Post
            Unfortunately, automatic bill pay is not an option for me. My trustee gave out a handout at the 341, which said only certified bank checks or money orders allowed, no electronic payments, personal or business checks.
            I am amazed some trustees are so picky about how they get paid. Mine allows payroll deduction, money order, certified check, personal check (including online bill payer), or ACH debit. You also need to be more than 2 payments behind before they file for dismissal, even then you are given between 30-90 days to become current (based on how far in to your CH13 you are) by the judge before dismissal.
            Filed CH13 - 06/2009
            Confirmed - 01/2010

            Comment


              #7
              Thanks everyone for the replies. It sure would be cool if the USPS sold & mailed money orders online. What a great idea.

              Then money orders! It's is so archaic. It's also the required form of payment for certain business licenses in my city. I guess they've had a lot of bounced checks.

              I e-mailed my lawyer that I sent a payment June 15th, but hopefully soon it will just show up. Next time, I probably will create a paper trail, just for that payment anyway. However, I just have so many other "extra important" payments these days, that I have to mail that I didn't before...ie., mortgage and taxes. I could "go broke" just with the expensive mail. :-)

              Comment


                #8
                I just checked 13datacenter and it now says trustee data thru 6/26 so they're only 2 days behind.
                Remember that payments are processed by Sun Trust bank of Orlando.
                It would not surprise me if they courier the checks to Orlando for processing.
                God only knows why the lockbox in is Memphis.
                filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

                Comment


                  #9
                  If you send mail and you don't want to pay for CMRRR, I just put it in a poofy (padded) mailer. 4 of the small ones are available at Dollar Tree. Retail (bought in the PO) delivery confirmation is usually under 80 cents. Grab a handful of the stickers next time you are in there. So for well less than $2, you are sure it was delivered.
                  ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
                  Not an attorney - just an opinionated woman.

                  Comment


                    #10
                    Originally posted by ValleYum View Post
                    If you send mail and you don't want to pay for CMRRR, I just put it in a poofy (padded) mailer. 4 of the small ones are available at Dollar Tree. Retail (bought in the PO) delivery confirmation is usually under 80 cents. Grab a handful of the stickers next time you are in there. So for well less than $2, you are sure it was delivered.
                    Thank you. Great idea! So much more reasonable than over paying for Priority Mail w/ delivery confirmation and/or slowing things down with certified RR mail.

                    Comment


                      #11
                      lilly, I go through the same thing...I have now "downgraded" to Priority Mail, it's 4.75 if you do it online with usps.gov. There is confirmation of delivery, and tracing...you do have to pay extra for signature, but that may hold it up a bit...although last time it arrived at 11pm, "notice was left" and picked up the folliwing AM - check cleared in 2 days!!!

                      Comment


                        #12
                        Originally posted by IamOld View Post
                        lilly, I go through the same thing...I have now "downgraded" to Priority Mail, it's 4.75 if you do it online with usps.gov. There is confirmation of delivery, and tracing...you do have to pay extra for signature, but that may hold it up a bit...although last time it arrived at 11pm, "notice was left" and picked up the folliwing AM - check cleared in 2 days!!!
                        Thanks IamOld. Just checked the 13datacenter & it finally was posted, after almost 2 wks! Catleg, you are right, they "work slow down there in Memphis. It isn't Noo Yawk." Next time it'll definitely be sent with some type of tracking, too nerve wracking not knowing!

                        Comment


                          #13
                          lilly, I don't know if it makes you feel better - AWSOME that it got there!!!! - but the FIRST payment I sent by express mail...which was misdirected by USPS to St Louis for a day...

                          Comment


                            #14
                            IamOld, Unbelievable! When the USPS screws up, it's always on something big and important like this. AWESOME that yours finally got there too!!

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                              #15
                              Isn't it??

                              And THANKS!!!!

                              Comment

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