? on claim filed

[AtWitsEnd]

I noticed on PACER that Circuit City filed a claim of $2013.74 broken down as $1378.48 unsecured and $635.00 secured. They have included the receipts of purchases 11/5/06 $1158.56 laptop and 12/2/06 games/cd's. The acutal receipts total $1703.32 This account was paid on for 1 year after the purchases. Furthermore, we assumed the laptop would be the secured claim and offered in our plan to pay $500.00 for the secured part. There is no way in Hades used CD's and used games are worth $500.00. Can they file a claim for more than the purchases cost? As I said, we did pay on this account for a year. Is this something my attorney should object to?

Thanks for your replies.

[AngelinaCatHub]

I would ask to see each sale reciept they have. I think they are pulling something. Are you bk7? If you are, they won't get much anyway. A used laptop is like jewelry, it is expensive to purchase and cheap to sell off. No one wants a used laptop. Like a used toothbrush. 'Hub

[AtWitsEnd]

Thanks Hub, there is a copy of those receipts on the claim they filed. They are definately our receipts. I just don't know how they can claim more than the charge was for. Yes, we only agreed in our plan to pay them $500 to the secured part, which we assumed was the laptop. I would NEVER have agreed to pay them $500 for used CD's and playstation games!! They can come pick them up if thats what they want. We are a 13 and nobody is gonna get much anyway.

As always Hub, thanks for your input. I enjoy both you and your wifey's posts.

[Flamingo]

Claims can come in with all sorts of late charges and fees attached to them most of which should get eliminated. Creditors will toss in the kitchen sink if they could. They just want to get as much money as they can from your Chapter 13 plan toward the debt owed. The payments you made on this - were they just minimum payments for one year? If so, late fees and interest could be the problem.

[rrockinggramma]

I would object. You have nothing to lose but the amount.

[justplaintired]

Wow, now I wonder will Circuit city want the computer we bought thru them over 2 1/2 years ago? We paid on it up until we decide to BK. We always made the min payment and even sent extra when we could. Why do they come after some and not others? It wasn't top of the line then, it cost us slightly under $800 when we bought it. It's still a good computer but probably wouldn't be worth more then $150 now. Guess if they want it, nothing much we can do. We are a C7.

[AtWitsEnd]

Funny thing is justplaintired, the computer isn't the secured part of the debt, the cd's and games are! Just tooo weird. We were told early on, by 2 attorneys, that Circuit City is usually a secured creditor and would be treated as such. Its how Circuit City words their credit agreement. I wouldn't worry about them coming to get it...but then again I'm in a 13 and not totally familiar with 7's. Best of luck to you and thanks all for your responses.