sirleo68 Posted October 18, 2010 Report Share Posted October 18, 2010 hello all. Filed chptr 13 and just received from my attorney the other day 3 claims that were filed from creditors/JDB/collection agencies, that first of all are past the SOL here in florida. 1 is a claim from Americredit for a vehicle that was repossed in August of 2003, and sold never got a sale or deficiency notice but they are stating on the claim that the vehicle was sold for $6716.10 the vehicle had a balance of $24,300.35 so i am still oweing by their records $17,285.99 as of date of the case filing. This account was removed from my credit reports as of Jan 2010, the SOL in florida is for a written contract is 5 yrs, and i am assuming that an auto loan would be considered that. So they r placing a claim for $17,285.99 go figure. Also if it means anything they are listing it as me and the spouses debt, she never signed any papers on this vehicle we weren't even married at the time.#2 Crapital 1 credit card.Claim filed by Jefferson Capital Systems, LLC, i'm sure they purchased it from someone else besides Capital 1 cause i've been round and round with different JDB/collection agencies on this one, This one they claim is for 2109.57 but again was removed from my credit reports on Jan 2009 and the SOL on an open -ended account which everything i have read a credit card is considered here in FL is 4 yrs.#3 Palisades Collection LLC. An AT&T cell phone bill for $1546.60, now this one really gets me because of the supporting documents they attached. It shows it was assigned to Palisades on 12/11/2004 on one paper and then on another it shows that cingular assigned/sold it to them on 01/19/2005, how did cingular get involved never had a cingular account and it says the bill of sale should be governed by the laws of the State Of New York without regard to the conflicts-of-laws rules thereof. and this one also was removed from my reports as of 5/2009 don't know what this would be considered i'm thinking oral which would be 4 yrs in FL. Now all of these accounts belong to me but never listed these companies in the BK cause they were not being reported on my 3 reports. So i guess the question is how to handle this my attorney tells me to get any and all supporting documentation so he came file an objection to their claims, is this the new thing now for JDB/collection agencies in order to get some money from consumers. Any advice would be appreciated. Link to comment Share on other sites More sharing options...
Denita Posted October 19, 2010 Report Share Posted October 19, 2010 Go back and amend your Ch 13 filing to include these debts if they are your debts. Put in every debt. This is your chance to get rid of all of your debt created in your lifetime up to the filing date - even if its beyond the SOL. The attorney's cross reference with the credit report because some people have no records of how much and who they owe. It is far better for you to list out each and every debt, no matter how old it is or even if you dispute the amount of the debt. You can actually list the debt and label it disputed right on your petition. Your Ch 13 debt repayment to the court has nothing to do with the amount of debt listed on your schedules. It has everything to do with the amount of disposable income you have now. The repayment amount will be the same, it will just be split among more creditors.Lets just assume your repayment is $200/mth (figure out of the air!) for 60 months. Does it matter to you if it is split among 25 creditors (for example) rather than 15 creditors??? The answer should be no - because it is the same payment. Embrace your Ch 13 - list all the creditors and get peace of mind knowing no one can come back in the future to you for past debt. Good luck. Link to comment Share on other sites More sharing options...
OMGWhatHaveIdone Posted October 20, 2010 Report Share Posted October 20, 2010 Very sound advice Denita!Speaking from experience with a ch 13, I would have to absolutely concur that having your ch 13 amended to include the three debts you listed in your post plus any other debts that you may have left out, would be far better for you in the long run. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted October 20, 2010 Report Share Posted October 20, 2010 Listen to Denita she is really smart. Link to comment Share on other sites More sharing options...
sirleo68 Posted October 22, 2010 Author Report Share Posted October 22, 2010 Thanks all for the advice talked to my attorney and we will do just that, and denita you're right why should i care who gets what after it's all said and done i will have a peace of mind. I was just wondering if they had been removed, and have had no correspondence with them how could they file a claim and actually how do they know i even filed. Again thanks. Link to comment Share on other sites More sharing options...
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