Thanks and ID Problems

I want to start this post with a big thank you to Debbie. One of my best friends was in the hosptial this weekend with heart problems. My son and I were at Gates & Sons eating a very late lunch after going to the hosptial. My check book fell to the ground and a very nice lady, Debbie found it. She tried to get the staff at Gates to make an announcement but that did not work out. She call my number, and we made arrangments to meet so that she could return it to me. Thanks.

I was so lucky. Several of my clients have not been so lucky. When I was an attorney for legal aid, we had a client that lost his ID and he was not as lucky. He was arrested often ... on traffic charges. Then, he would tell the Judge that it was not him and he wanted to be finger printed. Then, after the finger prints showed that it was not him, the court would release him. He was arrested so often that he lost his job. How easy that could have been any of us.

I have other clients that have loans in their names that they did not make. It is so easy to get credit online and over the phone without showing any ID. One of my family members had her purse stolen. Then next thing she knew, checks were being cashed all over the city. I saw one of the checks that Walmart cashed and it was not even signed. It took a lot of work to clear things up ... I am not sure that it is all cleared up even today ... years later.

A few weeks ago, I was preparing a case for filing and my clients' credit report kept showing a mortgage, when my client did not have a mortgage. I am still waiting to file that bankruptcy case until we have the credit report in hand. Under the new law, you must list creditors or you risk not having that debt discharged. Better safe than sorry.

Tom, the other attorney in my office, went to classes this spring on Fair Credit Reporting Act. We have been getting calls from our old clients about creditors sueing them after the debt was discharged. We are working on several cases with a law firm on the other side of the state. I will tell you their name in a later post. What is happening is that old debts are being sold for pennies on the dollar and the new buyer is doing all they can to collect. I don't know why the account is not marked bankruptcy.

If you receive a summons to appear in court on a debt that was listed on your bankruptcy case and that debt was discharged then see an attorney. If you are my client please bring the papers in ASAP so that the other attorney does not take a judgment against you. It is more work to set aside the judgment, than it is to file "Suggestions of Bankruptcy" and get the case dismissed. One some of these cases, we have been sending out discovery requests and then the case is dismissed.

Well, I need to get off my little soap box. I was lucky and I know it. I am thankful that Debbie took the time to pick up my check book and call me. Thank you very much Debbie.