who makes the payments

[casinoplayer]

Considering filing, who makes the payments will I or will it have to be through wage deduction? I am in Oklahoma! Thanks in Advance

[FullBoost]

Generally it is done thru a "wage directive" AKA wage garnishment.

[klandsb]

My wages were attached and the trustee paid my secure pmts every month. Mortgage, Helco & Car pmt. The balance was put in the pot for the end of the 5yrs at which time that money is distributed to the creditors. I have heard others say they made their own payments. I was debating whether I should respond because I am in western PA and I have heard every trustee has their own way of managing the cases... Wish someone from Oklahoma would respond so you knew their process..

[LadyInTheRed]

It depends on either the court or trustee, I'm not sure which. I send a money order to the trustee every month.

[justbroke]

Some Trustees, at least in Florida, Alabama and Georgia, allow an automatic ACH (checking) deduction or for you to make a manual ACH (checking) payment online. Most of the Trustees use the famous -- or infamous -- SunTrust bank "lock box" that's in Memphis Tennessee for payments (a series of "PO Boxes" that are associated with each Trustee). SunTrust also has a payment system where you can pay your Trustee by authorizing an ACH (electronic) check withdrawal. In all cases where an ACH is done, once you mess up once -- one NSF returned check -- and you can no longer use the ACH manner. You should see if your Trustee supports the ACH method.

Not all Trustees allow the ACH electronic check. Not all Trustees allow "personal" checks. Many require either the wage deduction (it's not a garnishment) or sending certified funds (certified or bank check or money order) to the "PO Box" in Memphis.

Now that I think of it, I would personally not prefer the wage deduction if I could do the automatic ACH checking debit (payment) or be allowed to pay via ACH online. I only loathe wage deduction because I had so much trouble getting mine stopped when I converted to Chapter 7. It was more than a month and over $13,000 before they stopped. That's just my personal feeling.

[kmjatl]

My trustee objected that I did not specify payments via payroll deduction. I asked my attorney "what section of the Federal Code requires that" and the issue went away.

[justbroke]

My trustee objected that I did not specify payments via payroll deduction. I asked my attorney "what section of the Federal Code requires that" and the issue went away.

Some Trustee's rely on the Duties of the Trustee to ensure that the debtor is successful. They usually reference 11 USC 1302(b)(5). However, it is not "specific" to ensuring "every" payment, but it is that the Trustee must make sure the debtor does "begin" making payments under the plan.

It really is a stretch and some Districts allow payments to a "lock box" and some larger Districts, like the ones in Florida, allow manual payments via TrustWin. TrustWin is a SunTrust web application that is used by Trustees to allow debtors to make plan payments using a checking account (via ACH). Some Trustee also allow automatic debits from a checking account (via ACH as well) by filling out a debit authorization.

[dmc-2008]

Mine is thru auto pay in mt checking. Thank goodness!