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Matrix Address of Creditor Undeliverable - Mailed to Atty

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    Question Matrix Address of Creditor Undeliverable - Mailed to Atty

    In my (pro se) case, I have a creditor who recently filed (and won on default) a state civil court case for the debt. (The creditor is actually a collection agency/debt buyer). That creditor had not (to my knowledge) contacted me directly, always through a local attorney, and did not, in the state civil case, list its address. It was simply blank in the caption.

    Thus the only practical way to find its address was through credit reports and a web search. One address was found, and it was used in the mailing matrix. I also included in the matrix its state civil case attorney and the original creditor. I've just received notice from BK court that the creditor's (collection agency) address produced an undeliverable result.

    The issue is whether the successful notice to the civil case attorney (and/or the original debtor) should constitute adequate notice.

    Any thoughts?

    Notice to their civil case attorney should be considered "constructive" if not actual notice. Try to contact the local civil attorney, again, and ask them for the contact information for their client. My personal opinion is that telling their attorney is sufficient notice.

    You mention that they already have a judgment. Make sure that there are no issues if that judgment has been recorded and is now a judgment lien. You may need to do more work to have that lien voided.
    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.


      justbroke Thanks for responding. I had the same impression regarding notice being constructive, if not actual. Good point about a judgment lien. I believe MI requires 21 days to pass after judgment to file a judgment lien (similar to requesting order for attachment). BK was filed within that time. Can't be too sure though.


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