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Statue of Limitations on Items

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  • Statue of Limitations on Items

    Hello all .

    A brief scenario. Our case was discharged a little over a year ago. We had secured debt through an electronic store. I get a call from an attorney of the electronic company today asking for some of the items back or to pay a portion back of debt . They are requesting 1200 and would except payments.
    If we do not want, or can't pay back the 1200, they want only a couple of the items back.

    The original purchase was 4000.00 and included computer,printer,scanner,camera,ink,software,video games and a few small misc items.

    My question is : Is there a statue of limitations on when they can request payment or surrender of a secured item.

    Also , I requested an itemized list of the items they said they will " forgive " and not include .

    Any tips or opinions on what paperwork I should request to cover thy A$$.

    Thanks in advance

  • #2
    They can't request payment at all. The debt was discharged in your bankruptcy. They can try to make arrangements to get the items. You already know that they don't really want two year old outdated electronics. They would have to pay for:

    1.) wage/salary of person to make arrangements to get them,
    2.) wage/salary of person to come and get them
    3.) vehicle operation costs for vehicle used to come and get them
    4.) warehouse space for storage of used things
    5.) salary/wage of person to list items on ebay or craigslist
    6.) salary/wage of person to answer all inquiries regarding the used, "as is", outdated electronics
    and so on.

    As others with more experience in this kind of thing have said, and I believe it to be absolutely true, the repo guy is trying to scare you. Once you are afraid they have you right where they want you. They do not want to get the items. They would lose money getting them. It would cost them out-of-pocket to come get those things. They won't do it. This whole thing is a bluff.

    They are trying to trick you into giving them money that you don't have to give.

    Tell them you are ready to schedule a pick-up. Tell them you rather use your money to buy new upgraded equipment, especially now that all the prices have come down. Have you seen what Dell outlet, Walmart and Costco have going? Wow. Bargains galore.
    There are two secrets for success in life:
    1.) Never tell everything you know.

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    • #3
      Per US Courts ( http://www.uscourts.gov/FederalCourt...ankruptcy.aspx )


      If you signed anything that pertained to surrendering and/or reaffirming this debt in the course of your BK - then you are obligated to return it, of course, they would be responsible for retrieving the property. Look over your BK paperwork carefully to see what you agreed to do / what creditor requested.

      Good luck

      Comment


      • #4
        The other poster on the thread does not mean you are legally obligated to reaffirm a debt just because you said you would on the "Statement of Intentions" (form B8) and signed it. That form is not legally binding or an agreement entered into with a creditor. It is just a statement of what you intend to do with the property at the time of filling.

        I know from your old posts that you didn't enter into a reaffirmation agreement. You're not legally obligated to reaffirm now. They have whatever options provided them by state law and your original loan document in terms of repossession. If it was in their best interest to repo the items they would have done it as soon as the stay lifted when the articles had more value.
        There are two secrets for success in life:
        1.) Never tell everything you know.

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