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After discharge loan company calling for furniture

Regular Contributor

Re: After discharge loan company calling for furniture


despritfreya wrote:

The demands for money as opposed to setting up a time and place to take back the collateral is a violation of your discharge.  Your attny should be handling this matter however that would entail setting up the surrender of the collateral, not holding out for a writ of replevin.  If you want the calls to stop, the next time he calls, tell the idiot that if he continues to ask for money you will seek an Order of Contempt against him and the company for violating the Discharge.  Then tell him when and where the item can be picked up.  Document, in detail, the conversation by sending a certified letter confirming the conversation. Copy your attorney.  In the letter tell the creditor that if it fails to pick up the item as instructed the item will be taken to the dump.

 

Des.


Yes! And include your letter of discharge.


CH7 BK Discharged 10/16
Oct/Nov 2016: EQ 632 TU 532 EX 573
Feb 2017: EQ 695 TU 673 EX 670
March 2017 EQ 702 TU 676 EX 673
April 2017 EX 683 (TU & EQ unknown)
May 2017 EQ 695 TU 685 EX 693

Gardening since 9/7/17 Aiming for a mortgage October 2018
New Contributor

Re: After discharge loan company calling for furniture

Thanks everyone for the information.

 

They stated they'd have someone here at 4 today to pick up the items. It's now almost 8 and no one has come yet. Should I be proactive and send a certified letter telling them not to call me again in the future and that from now on all communications are to be in writing only given their multiple violations of the bankruptcy law (citing each date and the occurrance) and also let them know that I now consider the property to be abandoned by them since they didn't come to get it at the agreed upon date and time or just let it drop and see if they call me again then send it?

 

BTW, I reached out about this to my attorney's office again today and no one even bothered to call me back.

Contributor

Re: After discharge loan company calling for furniture

In Massachusetts it's illegal to sell a used mattress- but I digress. Tell them to come and get the stuff by noontime on Saturday because the exterminators will be tenting the house and beginning at 1 O'clock no one will be allowed to enter for a full 48 hours.