Circuit City filed Replevin

[kcj]

So I can't ignore them. What to do?

They want our television (of course they state IN CAPS that they aren't asking for money). They value the television at $3100 which coincidentally is the balance that was discharged.

The same television, 2 model years newer, can be purchased for about $2200.

Do we make them an offer? 500? 1000? Or tell them to come and get it?

Yes, I will contact my attorney to get his opinion. I just like to hear what the rest of the people in the trenches with me have to say.

[Princesskina]

Well when u filed was the TV listed under household furnishings?... And if it was discharged how can they get it back?...

Someone come educate us plzzz.

[scammer]

Just curious, when did you buy it exactly and how much was it new?

[SinkingFast]

You evidently purchased the TV on a Circuit City CC. There was probably some sort of statement in your credit agreement about purchases being "secured".

This would be the same as not reaffirming the debt on a auto loan or home loan. As long as you continue to make timely payments, they let you keep the car or live in the house. Miss a payment and they repo the car or Foreclose on the Mortgage.

If you filed under Old Law, you're fairly safe from having Circuit City come to your home and pick up the TV. Sears got spanked pretty hard by the Courts for pestering BK filers post petition/Close threatening to sieze property. Old Law filers had the Court on their side about keeping property purchased on Store Cards.

If you filed under New Law, you're in unknown territory. You definitely need to run this one by your attny. Maybe Circuit City can come after the TV. Maybe not. Opinions under New Law are being rendered daily.

Don't offer to settle with them and don't tell them to come get the TV til you've had a chance to chat with your attny. Circuit City may be in violation of Fair Credit Collection Practices, or they may be within their rights as a Secured Creditor.

[kcj]

Let's see... we filed under the old law.

Purchased in January 2005 for $4600 total (including a new stand and extended warranty and a few other things. I have the total invoice but not the breakdown by item). I guesstimate that the television was $3,800 of the total.

I am pretty much positive that CC has a security interest since it was purchased on their card. It's in their small print.

The summons we received today was filed in small claims court. There is the summons, a Verified Complaint for Replevin, and an Order to Show Cause.

"If you filed under Old Law...." I like the sound of that paragraph

[SinkingFast]

I joined here in the betwixt and between phase of Laws. Old was on it's way out and there weren't many New Law filers at that point.

This was discussed at length. I guess under Old Law, Sears was notorious for pestering with BK Filers post close. Going after "secured purchase" property or money in lieu of the items. The Courts spanked Sears pretty hard for that and all the Creditors backed down.

Try searching old threads for Sears and Bass and Associates from Jan '06 and before.

And gosh, I can't remember who it was, posted a good arguement for you to use in Small Claims Court to defend your claim. Maybe you'll stumble across that arguement as you search.

You definitely want to appear. If you don't they will get a Summary Judgement against you.

Somebody else was in a similar situation. They were sued, showed up in Court, and the Plaintiff's Rep wasn't even there. Guess the Creditor figured the people wouldn't show.

[keepmine]

If they've gone to the trouble of filing a writ of replevin, they're serious-they want there stuff back.
You can contact them and see if you can work out a compromise or,ell 'em to come get it.

Sinking Fast is correct about Sears but, the reason they got in trouble was the methods they used to get people to reaffirm and then, not filing the agreements with the court.
Doesn't sound like this is the case with Circuit City. Creditors do have a right to pursue claims involving secured interests. Most just don't bother beyond a few letters and phone calls.
Just curious-who is the law firm. Bass and Associates.

[scammer]

Let's see... we filed under the old law.

Purchased in January 2005 for $4600 total (including a new stand and extended warranty and a few other things. I have the total invoice but not the breakdown by item). I guesstimate that the television was $3,800 of the total.

I am pretty much positive that CC has a security interest since it was purchased on their card. It's in their small print.

The summons we received today was filed in small claims court. There is the summons, a Verified Complaint for Replevin, and an Order to Show Cause.

"If you filed under Old Law...." I like the sound of that paragraph

My guess, you bought a plasma or LCD, highly desireable, and high resale value. If your old law, you should have put a lower value on it, and had attorney argue a low dollar compromise on this asset, they get the short end. They know it is valuable, you admitted it by saying consumer item is still worth 82% of purchase price. There best move is exactly what they are doing. Just my two cents, but I wouldn't have put that kind of value on it.
Your one of the few replevin's I have ever heard about. You must be discharged for them to file this, there is no violation of any collection act, it is a secured item.

I have a computer, that will go down similiar. I don't think Dell will go the hassle of a replevin for a $2,000 computer. Probably get letter from bass & ass and thats about it.

[lrprn]

Just curious-who is the law firm. Bass and Associates.

B and A's website at http://www.bass-associates.com/firmprofile.htm explains their purpose this way - "Bass & Associates, P.C. is an "AV" rated, woman-owned law firm which offers comprehensive, fully-coordinated debt recovery services to clients in the retail, banking, service, healthcare and other financial industries. Clients are provided with professional portfolio management for commercial and consumer debt, including pre-write off guidance, front-end collections, aggressive litigation action, bankruptcy services and a national network of attorneys."

Cutting through the marketing haze, what Bass and Associates specializes in is helping our non-secured creditors squeeze every possible dime out of us they can every way they can by managing their pre-bk debt collections before we file bk and the automatic stay protects us.

Here's a 2001 case that illustrates how they work (they lost this one ) - http://caselaw.lp.findlaw.com/cgi-bi...case&no=003054

[kcj]

My guess, you bought a plasma or LCD, highly desireable, and high resale value. If your old law, you should have put a lower value on it, and had attorney argue a low dollar compromise on this asset, they get the short end. They know it is valuable, you admitted it by saying consumer item is still worth 82% of purchase price. There best move is exactly what they are doing. Just my two cents, but I wouldn't have put that kind of value on it.
Your one of the few replevin's I have ever heard about. You must be discharged for them to file this, there is no violation of any collection act, it is a secured item.

I have a computer, that will go down similiar. I don't think Dell will go the hassle of a replevin for a $2,000 computer. Probably get letter from bass & ass and thats about it.

We didn't put a value on it. It was included in our household furnishings total. I doubt the resale value is as high as the $3100 they quoted, since a new one can be had for $2200. I guess I need to research what a 2 yr old one goes for and make them an offer. They would still incur the costs of coming to get it and selling it, so I'm guessing they will accept a reasonable offer.

[kcj]

If they've gone to the trouble of filing a writ of replevin, they're serious-they want there stuff back.
You can contact them and see if you can work out a compromise or,ell 'em to come get it.

Sinking Fast is correct about Sears but, the reason they got in trouble was the methods they used to get people to reaffirm and then, not filing the agreements with the court.
Doesn't sound like this is the case with Circuit City. Creditors do have a right to pursue claims involving secured interests. Most just don't bother beyond a few letters and phone calls.
Just curious-who is the law firm. Bass and Associates.

It's not B&A. I don't have the papers with me, but they are out of Tampa FL. The replevin was filed in Jacksonville. I don't have a problem paying them something, but if I can buy a new one for less than what they ask for the used one, they can have it. I can't imagine that is a great solution for them either, so I need to figure out what is the minimum they will accept.

[gacreditguy]

We cannot tell you what to do, but I can tell you this... If I were you in this same situation, I would tell them to come and get it!! You can get a new one cheaper :-)

If they filed the replevin and are as serious (as the seem to be) make them spend even more of their money to do it.. They have already spent the money on the replvin, the attorney and the filing fees.. Make them spend some more money with contracting someone to come out (on your terms) to pick it up, get the sherriff scheduled to be there (and make SURE they are there so you do not get any damage to your home) nd then storage and selling fees.. By the time it is all said and done they will make NOTHING on the reslae of the TV and you can sit back and smile!!

[kcj]

After researching around today, that is sounding close to my plan of action. I am thinking of offering them $500 and see what they say. I would go up as high as $1000 if they counteroffered, or tell them to come get their stuff.

But, do I do that now or wait unitl the court date and make the offer at that time? I'm thinking there is always the remote possibility that they won't show up in court, so we should hold off making an offer until then. Of course they have gone this far...

[Fedler]

So you didn't pay for the TV, but you think you deserve to keep it. What planet do you live on? I'd like to live there too so I can finally have that dream house, BMW, state-of-the-art home theater, and all the other things I've dreamed of.

Give the TV back. You didn't pay for it. You don't want to pay for it. You can buy a new one cheaper. Although since you're supposedly bankrupt, where do you have $2,200 hiding that the trustee doesn't know about? Sounds like fraud to me.

[fellowpoorman]

You are an angry lad Fedler, you need not be so rude, but thats just the way you are and always have been, although I do agree the TV should not be kept, You need to learn some people skills instead of just waiting to jump down someones throat, can't you see that you have problems too and its not always the other guy!!