SkankCheese
Member
What is the name of your state? NC
So my b/f filed bk last year before the new laws changed- pro se. He had his identity stolen several years back and contacted the credit bureas and police, and thought it was taken care of. We pulled up his reports last year, and found all this stuff is still stacked up against him. So I went through the process of trying to contact these creditors to file the debts as fraud. I was told that the statute of limitations had been exceeded to report as fraud, and he was now responsible regardless. This was the main reason for him filing- that, and a ton of medical bills from when he didn't have insurance.
So now here we are at tax time waiting for his refund, and we're informed by the woman who did our taxes that something appears to be going on with his NC state tax refund. She looked into as much as she could and found out that an outside agency has put a tax levy against him for a debt, but must not have been listed on his credit report. I'm 99% sure that this is one of the fraud debts, as he has never even had a credit card or bank account (the guy who stole his SSN however had all these in his name). The only debt he had that was truly his were the medical.
He's got to get on the phone with our tax lady to call the State to find out exactly what creditor levied his money. But my question is- it wasn't on his credit report, so therefore he didn't know about it since he had no knowledge of everything this guy has done. This is the first year that he's made enough money to even file, and now they've taken his state refund- so who knows how long they've had the levy against him.
Is there anyway to recoup this money, since he filed BK, And even though they weren't included- b/c he didn't know 'he' owed them money? We really need the money as we have a baby on the way.
The whole stolen identity thing has really screwed him big time, and it just seems to be the gift that keeps giving.
Advice please.
Like I said, he filed without a lawyer, so please if possible- don't tell me to consult one. There's no money for that.
His case was scheduled to be discharged Jan 15, and they sent the letter out but rescinded it b/c he filed on the last day of the old laws with the 999999999999 other people, and there was a problem with the letters to the creditors being sent out. He doesn't have to attend another 341 meeting, but they're allowing the creditors another 60 days. So technically as of now, it's still open. So I guess technically they've collected in the middle of his [extended] automatic stay. Should we just send in the $26 and amend his schedule, and just include them as a regular creditor- or do I have to do something different since they have a tax levy on him? This creditor would have to return the money, or not b/c they weren't included? How would he go about that? Did they have to get a judgment in order to do this? And if so, why is it not on his credit reports?
What protection does he have against all these other creditors that he doesn't know that may be out there?
NC is in the 4th Circuit is that helps, at all.
So my b/f filed bk last year before the new laws changed- pro se. He had his identity stolen several years back and contacted the credit bureas and police, and thought it was taken care of. We pulled up his reports last year, and found all this stuff is still stacked up against him. So I went through the process of trying to contact these creditors to file the debts as fraud. I was told that the statute of limitations had been exceeded to report as fraud, and he was now responsible regardless. This was the main reason for him filing- that, and a ton of medical bills from when he didn't have insurance.
So now here we are at tax time waiting for his refund, and we're informed by the woman who did our taxes that something appears to be going on with his NC state tax refund. She looked into as much as she could and found out that an outside agency has put a tax levy against him for a debt, but must not have been listed on his credit report. I'm 99% sure that this is one of the fraud debts, as he has never even had a credit card or bank account (the guy who stole his SSN however had all these in his name). The only debt he had that was truly his were the medical.
He's got to get on the phone with our tax lady to call the State to find out exactly what creditor levied his money. But my question is- it wasn't on his credit report, so therefore he didn't know about it since he had no knowledge of everything this guy has done. This is the first year that he's made enough money to even file, and now they've taken his state refund- so who knows how long they've had the levy against him.
Is there anyway to recoup this money, since he filed BK, And even though they weren't included- b/c he didn't know 'he' owed them money? We really need the money as we have a baby on the way.
The whole stolen identity thing has really screwed him big time, and it just seems to be the gift that keeps giving.
Advice please.
Like I said, he filed without a lawyer, so please if possible- don't tell me to consult one. There's no money for that.
His case was scheduled to be discharged Jan 15, and they sent the letter out but rescinded it b/c he filed on the last day of the old laws with the 999999999999 other people, and there was a problem with the letters to the creditors being sent out. He doesn't have to attend another 341 meeting, but they're allowing the creditors another 60 days. So technically as of now, it's still open. So I guess technically they've collected in the middle of his [extended] automatic stay. Should we just send in the $26 and amend his schedule, and just include them as a regular creditor- or do I have to do something different since they have a tax levy on him? This creditor would have to return the money, or not b/c they weren't included? How would he go about that? Did they have to get a judgment in order to do this? And if so, why is it not on his credit reports?
What protection does he have against all these other creditors that he doesn't know that may be out there?
NC is in the 4th Circuit is that helps, at all.
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