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**StaciMM** · 12-02-2005, 05:19 PM

Some store cards put fine print in their agreements that they retain a security interest in items you purchase w/ the account.

If you have the items, tell them to file a replevin motion to begin the process to get them back. (Doing so takes time & money so they most likely won't bother. Search a little, I'm not sure I've spelled it correctly!)

If you no longer have the items, there is nothing they can do. Let them know you haven't had them in a long time, the debt was discharged, leave you alone.

**down @ out** · 12-02-2005, 06:16 PM

This is a great topic to get help on.

It seems if one has bankrupted on a credit card such as best buy they may come after you months after the bankruptcy is discharged to try to repossess the item.

Since the debt for the item has been discharged what can they really do. Let us assume someone purchased a computer say for 600.00. The debt has been discharged and now months later either best buy or a scum bag collection outfit comes a knocking wanting it back or for you to pay for it.

Wouldn`t it be reasonable just to say you sent it back months ago, or simply you haven`t a clue where the item is. What can they really do. Seems to me for stuff like that they can`t do anything since they can`t forceably enter your residence to find it.

In my own situation I bought a necklace from Gottschalks for 300.00 about 5 months before my bankruptcy petition. I gave it to a lady I thought about marrying, but anyway that is another story for another time. If I was contacted about the necklace I might just give them the ladys phone number and address and tell them to go for it. What a riot. They and she have a lot in commen. Too funny.

Any thoughts about this.

Thanks

**bkfiler** · 12-02-2005, 06:30 PM

tell them you dont have the items any longer that you can recall. tell them to file the replevin and you will look around for things to see if anything is left.

after you get off the phone go back to what you were doing before they tried like hell to get anything they could even though its a scare tactic.

the lien that they hold is against the items, IF and i mean IF IF IF its a correctly stated and worded lien, per attorneys i read. its a scare tactic and they mostly never would take the time and money to do it just to get old stuff that might not be there.

do a search and read all about it

**bkfiler** · 12-02-2005, 06:36 PM

also, go read this:

http://www.mcfarlinlaw.com/phpbb/viewtopic.php?t=16&highlight=buy

tmcfarlin kicks arse and fights scumbag creditors, hes got the right attitude

**down @ out** · 12-03-2005, 11:13 AM

Thanks for the follow up.

This seems like a good subject for this board.

Is the strategy of folks like circuit city to lay low until after the bankruptcy is discharged and then come after folks through a third party or directly? Seems they would want to get their stuff back asap. Imagine the longer they wait the harder it is to get it.

Guess they really don`t want it back what they want is money. How does it work though if someone calls and asks about say a computer and you simply say I don`t have it anymore. What is their recourse? Do they get a court order and come search your residence?

You know they shouldn`t be able to do anything if they don`t attempt to get things back during the bankruptcy being active. At the end of the day they are after you to re-affirm the debt. That should only be done through the bankruptcy court.

Thanks

**bkfiler** · 12-03-2005, 01:46 PM

they just want money mostly. and they get it from scared people that have no idea whats going on.

repeat after me... "i don't know where that is anymore? i think i sold it at the garage sale last year."

lets practice:

creditor: "where is my TV set?"

you: "i don't know where that is anymore? i think i sold it at the garage sale last year."

creditor: "where is my walkman mp3 player?"

you: "i don't know where that is anymore? i think i sold it at the garage sale last year."

creditor: "where is my pack of batteries?"

you: "i don't know where that is anymore? i think i sold it at the garage sale last year."

creditor: "ok, good bye... click"

you: "i don't know where that is anymore? i think i sold it at the garage sale last year. hello? hellooo? anyone still there? hello?"

**theurge** · 12-03-2005, 01:51 PM

Originally posted by bkfiler

they just want money mostly. and they get it from scared people that have no idea whats going on.

repeat after me... "i don't know where that is anymore? i think i sold it at the garage sale last year."

lets practice:

creditor: "where is my TV set?"

you: "i don't know where that is anymore? i think i sold it at the garage sale last year."

creditor: "where is my walkman mp3 player?"

you: "i don't know where that is anymore? i think i sold it at the garage sale last year."

creditor: "where is my pack of batteries?"

you: "i don't know where that is anymore? i think i sold it at the garage sale last year."

creditor: "ok, good bye... click"

you: "i don't know where that is anymore? i think i sold it at the garage sale last year. hello? hellooo? anyone still there? hello?"

LMAO, thats hilarious.

**down @ out** · 12-03-2005, 02:12 PM

Thanks for the help. That is really hilarious, suspect I will be using it before all of this is over. Just can`t believe these folks come after you months after the bankruptcy is discharged. Hell most of the stuff is about worn out anyway by then.

Let`s see the i-pod just up and left town. Something about looking for the folks that sold him. oh well.

Seriously is good to know that once you tell them you don`t know where it is that is the end of it. I was worried legally they could try and search your home, or create some other grief for you.

**odnerd** · 12-03-2005, 03:13 PM

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**StaciMM** · 12-03-2005, 03:57 PM

The truth is, as long as you didn't intentionally get rid of it they can't do anything. SO-watch out for them trying to trick you into saying something. (Kind of goes back to the hiding assets bit-its a no no.)

**bkfiler** · 12-03-2005, 04:07 PM

creditor: "did you intentialy get rid of my 500 inch surrond sound plasma TV ?"

you: "i don't know where that is anymore? i think i sold it at the garage sale last year."

**StaciMM** · 12-03-2005, 05:04 PM

BKFiler-you should get some sleep. You look like h*ll!

**bkfiler** · 12-03-2005, 05:48 PM

oh sure! im not the one that only has 8 more pacer days left in the 60 Day Club! am i? noooooooooo.

plus you got a cutie to hold in that there picture with all your lovely smiles!

my pacer bill is so big now i have to file chapter 13 after this is all over!

arrrrg!

**FoolAndHisMoney** · 12-03-2005, 05:57 PM

[QUOTE=bkfiler]oh sure! im not the one that only has 8 more pacer days left in the 60 Day Club! am i? noooooooooo.

plus you got a cutie to hold in that there picture with all your lovely smiles!

Yes you do staci!

Teach them while they are young, "credit cards are NO GOOD!!!" LOL

Careful bkfiler, no more "so called chapter 20 filings" LOL

my pacer bill is so big now i have to file chapter 13 after this is all over!

arrrrg!

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