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Refusing delivery of Breach letter

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Thelitigator

Junior Member
A debtor has breached a stipulated judgment in a chapter 7 adversary proceeding by failing to make a payment on time. A certified breach letter was sent to the debtor as directed in the stipulated judgment. The certified letter was attempted to be delivered to the address that was specified in the stipulated judgment. If the debtor fails to pick up the letter or refuses to pick up the breach letter, does it matter that the letter was never delivered?

Also,
After the specified time passes to cure the default in the stipulated judgment, it's my understanding that I'm supposed to file an affidavit of non compliance with the court. Is there anything else necessary to do if there's no order to show cause requirement in the stipulated judgment?
The judgment is for a higher amount unless a payment schedule is followed from the stipulated judgment.

Thanks
 

LdiJ

Senior Member
A debtor has breached a stipulated judgment in a chapter 7 adversary proceeding by failing to make a payment on time. A certified breach letter was sent to the debtor as directed in the stipulated judgment. The certified letter was attempted to be delivered to the address that was specified in the stipulated judgment. If the debtor fails to pick up the letter or refuses to pick up the breach letter, does it matter that the letter was never delivered?

Also,
After the specified time passes to cure the default in the stipulated judgment, it's my understanding that I'm supposed to file an affidavit of non compliance with the court. Is there anything else necessary to do if there's no order to show cause requirement in the stipulated judgment?
The judgment is for a higher amount unless a payment schedule is followed from the stipulated judgment.

Thanks
If the letter does come back to you, keep it and don't open it so that you can prove it was sent, not picked up, and what was inside.
 

Thelitigator

Junior Member
Quincy, what i would like to know is besides filing an affidavit of non compliance with the court, is there anything else that needs to be filed to have the full enforcement powers for bank levies or garnishment of wages for defaulting on the stipulated judgment to collect on the full judgment that becomes due after a default?
Ohiogal, this is a chapter 7 but we have a stipulated judgment post petition with the bankruptcy court from an adversary proceeding.
 

quincy

Senior Member
Sorry, Thelitigator. I haven’t responded to your questions because I don’t quite understand what is going on. I was sort of hoping someone else would come along who could help you.

Have you sought out legal assistance locally?
 

Thelitigator

Junior Member
Sorry, Thelitigator. I haven’t responded to your questions because I don’t quite understand what is going on. I was sort of hoping someone else would come along who could help you.

Have you sought out legal assistance locally?
I hired legal counsel to help guide me through much of the process in the adversary proceeding up until receiving the stipulated judgment but I have not sought legal representation for this one particular matter.

I have found this online that may be at least partially relevant to my situation....


"File the original Affidavit of Noncompliance (CCT107) and Affidavit of Service - Combined (SOP105) forms with court administration in the county where your conciliation court case was filed.

The judge will review the Affidavit of Noncompliance and may sign an Order for Judgment if the judge decides the requirements to enter judgment have been met. If the judge signs an Order for Judgment, court administration will provide a copy of the Notice and the Order for Judgment and Judgment to all parties of the case. Sometimes the judge may schedule a hearing before signing an Order for Judgment. If this happens, you will get a Notice of Hearing from court administration instructing when to appear in court."

In my particular case, I have a judgment for a higher amount against a debtor but it is stipulated if the debtor pays on a particular schedule, the amount shall be satisfied.. It is also agreed to in the stipulation that there is no order to show cause requirement.
 

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