What warning do you get if furniture co comes to take stuff?

[Martha13]

Not sure that question made sense, but I've been posting recently about how our Ch 7 is discharged, we had indicated "surrender" on some furniture, but figured nothing much would come of it. We've been getting phone calls from a company that says they have a pick-up order for the furniture, and then they sent a letter. We haven't spoken to them at all. I'm wondering what steps they need to take to force us to return the couch/chair...how/what do they need to "file" to come into our home legally..and, will we be warned, or will they literally just show up on our doorstep someday with a police officer? I'm also curious about the amount we could possibly "settle" the issue with them. We'd paid several months on it before we filed...On the filing paperwork, we indicated out of the $2100 balance on the furniture, only $500 of it was secured, the rest was listed as unsecured. Does that mean they'd consider taking $500 to get it done with, or will they really pay the $$ to come out and get my stinky old stuff? It's not that old, but yuck, really..I'm stunned they are still pursuing....

[justbroke]

On the filing paperwork, we indicated out of the $2100 balance on the furniture, only $500 of it was secured, the rest was listed as unsecured. Does that mean they'd consider taking $500 to get it done with, or will they really pay the $$ to come out and get my stinky old stuff? It's not that old, but yuck, really..I'm stunned they are still pursuing....

If you wanted to Redeem it (for the $500 value), then you should have listed Redemption in your Statement of Intentions.

I don't know if they'd take $500 for it now. You'd have to talk to them.

However, they do have a valid lien and are coming to enforce the terms of the agreement you had with them.

As far as them coming to get it, I assume that they are trying to get you to voluntarily surrender the items. I'm not sure what a lawyer would say on "holding" out and waiting for them to get an Order to permit the recovery of the collateral.

[jktrading]

When you say you "indicated surrender of some furniture," it sounds to me that you agreed to give it back. Perhaps you should set an appointment, and see if they show up. If you didn't say you would surrender the furniture, I would say ignore them and see what happens, but you should probably keep your end of the deal, since you agreed to it.

[StartingOver08]

jktrading is right. Besides, it is probably better to give them the furniture and and make it their problem. As long as they have the authority to collect it from the OC.

[Martha13]

Thanks for the comments. I recall that we indicated "surrender" because our atty advised us that they RARELY actually attempt to get the furniture back. I definitely wouldn't have reaffirmed--they did send us the paperwork for that--the interest rate was ridiculous, and the furniture nowhere near worth that amount. We probably paid what it was worth in the several months (at least a year + payments that we made). I may have chosen to redeem had I had a crystal ball

Well, they are still calling, but from what I have turned up in my research, it's pretty dang expensive to pursue it on their end, so I may just wait and see..at least until after the holidays. I do still want the info on how the process might work, as in, do we get a warning, that type of thing...but it does sound like they need to take certain legal steps to recover it.

I know there were other Am Finance people on here, but no one else got the phone calls?? !! But, in the end...I'll do the right thing, whatever that is

[AngelinaCatHub]

They cannot go into your house without your permission. ONLY a Court Order with a sheriff can go into your house without permission as they have a Court Order. If you have not been sued they have nothing. If you do not want to give it back, tell them and if you just don’t want the stuff, put it on the lawn and give them a call to pick it up. Take pictures and/or get a receipt for the stuff. ‘Hub