Have been monotoring our Claims, last day to file claims is 9/01, and I have a couple of questions.
What constitutes "supporting documents" exactly?
I have several collection accounts that filed proof of claims but only show where they purchased a batch of accounts from the OC and a "statement of account information" which lists last payment date, collection date and amounts owed, original creditor, etc. Nothing showing who's account it is (mine or DH) a statement, an agreement, or anything proving our particular account is owed. In contrast, the "major" creditors who have so far filed their claims have all provided those things.
Do they have to provide with the form 410 an actual account document, something with a signature, e-signature, contract, etc. and the debtor name?
Also wondering if with the proof of claim, on a line of credit from a preditory lender (or collection agency) can they claim more $ in interest than the principal balance thereby doubling the amount owed? This claim is one where no proof was provided, nor do they list the interest rate, just the amount of principal and interest owed.
Another company, on another account is trying to collect a debt from 2008 that was, I believe, included in DH C7 from 2009.
Re: Supporting Documents with Proof of Claim in CH13?
The bar is low for supporting documentation from creditors when submitting a proof of claim. They are just telling they court that there is a plausable reason that they believe you owe them money and why they should be able to be included in the payouts from the Trustee once the plan is approved. Any debt that is legally owed can be included -- even ancient debt. If you feel they do not have a claim, or are lacking in supporting documentation to prove a claim, you can file a motion to object their claim, but unless your defense is an easy one (like over the time limit for the statute of limitations), then you could incur legal fees arguing your objection. That collection from 2008 is a good example where you could easily object based on the debt being time-bared and win the objection because it is outside of the statute of limitations for most jursidictions.
And yes, creditors can charge you interest and fees if they were disclosed and part of the contract up until a stay is granted by the court (usually about the filing date).