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    Aaron’s Rent a Center

    I filed bankruptcy pro se in July of 2023 In Tampa, Florida and it was discharged on December 1, 2023. Two of the places I had listed were a lease to own place for a washer and dryer and Aaron’s Rent a Center for a TV. The place for the
    washer and dryer never bothered me, but Aaron’s Rent a Center has been relentless.

    Aaron’s first came on a weekend and started knocking really early, before 9am. They would not leave, like 30+ minutes and continued to stand outside my front door, alternating knocking and pressing the doorbell. I told the man to leave, that I had claimed the matter on a bankruptcy. They refused to leave. Aaron’s told me that they had the legal right to be there because I had the tv, which they called their property.

    Aarons didn’t stop, so I called the police. The police told Aarons that they had the right to be on the roadway, but my house/yard was private property. If I told them to leave that they had to leave.

    Several days later, at the end of the same week, Aaron’s came back. Again, in the morning. Again, stood right outside my door and in my driveway, refusing to leave and kept banging on the door over and over. I called the police again and the same female deputy responded, told the guy to leave.

    Last Monday, 1/15/24, Aaron's came back. This time I had my cameras outside going and the cameras have audio.

    This time Aaron’s came at like 8pm at night and on a holiday. I had left to go to the store. The camera shows me arriving at 7:54pm. The Aarons guy walked up at 7:55, so he must have been waiting.

    When the guy knocked, I cracked the door and said this is private property, if you don’t leave I will call the police. The guy yelled and said, “GO AHEAD.” The guy continued to ring the doorbell and bang on the front door. And I mean he was taking his fist and literally BANGING on the front door, you can see it on the camera. When he banged on the door, the man yelled, “WE’RE HERE FOR THE TV!” I called the police, it was a different deputy, but the man was gone by the time the police came.

    At one point does this become harassment? I am a single woman living alone. Even if I had to give the tv back, I am not going to let a strange man into my home, particularly at night.

    The deputy told the man from Aaron’s the first time that it was a civil matter. One of the men who came said that they would likely pursue civil action, but their lawyers required them to show a good faith effort to collect the item.

    What is the likelihood that Aaron’s would pursue civil action for a tv, even a big one? They would spent more in legal fees that is owed on the TV.









    #2
    While I cannot comment on the tactics of this creditor, the TV belongs to Aaron's. Whether or not Aaron's will got to court to get a Writ of Replevin (or whatever it is called in Florida) so that a law enforcement officer can seize the TV is anyone's guess.

    Since the TV does not belong to you, you should either cut a deal to pay to purchase it or give it back. Your discharge did not eliminate Aaron's interest in the item regardless of whether this was a lease or "rent to own".

    Des.

    Comment


      #3
      Welcome to BKForum!

      Since you filed Pro Se, you may not understand how secured property or leases work in a bankruptcy. You actually had a lease with Aaron's which is disclosed on Schedule G - Executory Contracts and Leases. if you didn't put anything on that form, then the automatic stay (under 11 USC 362) expires automatically 60 days after filing.

      Technically, they are not violating the bankruptcy discharge injunction because you did not assume the lease.

      What did you put on your Schedule G Executory Contracts and Unexpired Leases, and what did you put on your Statement of Intentions regarding this lease? It matters.

      Now, as for the harassment, that's just plain harassment. What Aaron's should do is just sue you in court and obtain a Writ of Replevin. They're probably trying to save money by not needing to do that. I don't understand why they just don't sue you. It may be that the local store doesn't understand their rights under the bankruptcy code.

      As for cost, the filing fee (in Florida courts) is from $130 (property < $1,000) to $300 (property < $8,000). I don't know why Aaron's doesn't have an attorney on retainer to deal with these. I can't tell you whether they'll waste the money, but it reads as if they are trying to do some sort of self-help without crossing the line. My total guess is that they do have an attorney on retainer and they are trying to save $250-500 on legal fees. The interesting thing is that you may need to pay the legal fees since, as part of the bankruptcy code, you must make the property "available" to the creditor.

      I would use caution. I would not want a repossession on my credit right after filing a Chapter 7 bankruptcy.

      Please know that this is my personal opinion and I am not a Florida licensed attorney.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment


        #4
        Ahh... despritfreya was posting at the same time!
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment

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