Furniture debt from private party

[freshstart06]

We purchased furniture from a private party. We were making whatever payments we could. Well in April we made a payment then a week later he sent it to collections (this is true) The owner of the collections agency talked to me like a dog all because I wanted to make monthly arrangemens, he told me that he don't want my payments.... So of course they got added to chapter 7.

now the original owner of the furniture wants to works something out, then three days ago the collection agency sent me an offer however, stated that they can still sue us (HUH?!) funny

My question, I know not too much can happen during chapter 7, but should I wait until after to make arrangements with the original owner, I am afraid he is going to pull the same stunt with another collection agency, I make a payment then send it to collection for them to manage and sue us.

Once the BK is discharged and closed, do we just surrender the furniture by leaving it outside, I do not want them in my house or try to work something out???

[familyof7]

If you can let the furniture go do it .But if the debt was incurred before the bk they have to do everythig the legal way through the court they can not get the property without a motion lift stay. They can not sue you while in bk they can get in trouble for even calling you anymore. I would not pay them anything unless you must keep the property.

[freshstart06]

I was thinking of maybe letting it go, my husband's income is going to drop another $200 because he has to change is tax exempt so we will not owe so much at the end.

My question can they just come into your home if I surrender the remaining furniture or can I leave it outside when the times comes. I just do not have time for games. I am stress over my foot not healing at all and the pain 24/7. I will send them a cease letter again.

[familyof7]

You send them a letter demanding that pick it up wihin 10 days demand they call and set a time within that time frame you set it outside they pick it up but in my experience they wont ever come and get it so it will probally end up being yours to keep.

[freshstart06]

Yeah, the guy is stating that he has no place to put the furniture. I just don't trust him.

[CATCHMEIFYOUCAN]

Make them Work!

If you can let the furniture go do it .But if the debt was incurred before the bk they have to do everythig the legal way through the court they can not get the property without a motion lift stay. They can not sue you while in bk they can get in trouble for even calling you anymore. I would not pay them anything unless you must keep the property.

I would make this "creditor," work for his furniture after all the crap he is throwing at you! AND I bet he doesn't know anything about the Bk Laws! ESPECIALLY the automatic stay! Have you filed already? They just can't go into your house and take things, that would be breaking and entering plus I would think they would need to use the legal system, some court order or something to get their furniture back (it cost money you know!) I hope they don't know your filing? IF they don't than just stave them off until the day you file, and if they contact you during the automatic stay, if you have a good lawyer, they can be fined like $1000 for breaking it!

Best of Luck, CMIYC

[freshstart06]

I filed on June 26th. The collection agency they sent this to tried summons me in early June which I answered. I just received something in the mail that I guess they are proceeding with the lawsuit. I am not worried because they were included in the BK. I just don't understand ,I was making payments and a week later from the last payment he sent me to collections. That is the part I find weird. I will not talk to them any more and if I receive another letter, email or phone call I am going to report them.

[CATCHMEIFYOUCAN]

Automatic Stay?

I filed on June 26th. The collection agency they guy sent this to tried summons me in early June which I answered. I just received something in the mail that I guess they are proceeding with the lawsuit. I am not worried because they were included in the BK. I just don't understand that I was making payments and a week later from the last payment he sent me to collections. That is the part I find weird. I will not talk too them any more and if I receive another letter, email or phone call I am going to report them.

Just curious about the date he may have sent you that letter proceeding with the lawsuit. Did you get it after the automatic stay kicked in? Because I think that automatic stay kicks in the day you file? Hmmm, or is after the 341 Meeting (someone help me out).

Even if you were making payments, if he knew you were planning on filing or suspected that you may try and default on the payments, he is probably just protecting himself in advance. Back a couple of years ago I was making payments to my dental office and eventually just a very minimal amount a month, she sent it to a collection agency but that did little good because I still kept making the minimal amount of payments I could afford at the time and they just had to accept that or get nothing at all!

Best of Luck, CMIYC

[juststupid]

The automatic stay kicks in the day you file. So you filed after you got the papers. Did you file pro se or with a lawyer, because if you filed through a lawyer does he know about the paper you recieved? He should. And you should get those to him quickly. Because if your still getting calls and stuff from collections than they are violating the automatic stay.

[wayne-o]

even if the automatic stay kicks in the day you file, it does take time for the creditors to be notified (snail mail). If they had not received notification of you filing they are not gonna be held accountable for violating. Now if they had, thats a different story.

[freshstart06]

In early June I got a summons. On June 26 I filed but I told them I was filing, as a matter of fact a week before I file the collector called me yelling at me, telling me to go ahead and file, blah, blah. I have never in my life been talk to the way that collector talk to me... He went on to say he did not want to hear my sob story... that I better not communicate to the original creditor again (all while the original creditor called me to see when I was going to make another payment to him even after he sent it to collections)... He just went on and on. Well, when I filed, the original creditor confirmed they received the bk papers. On July 12 I received more papers about a arbitrary meeting dated on or before Nov. 19, my close will be closed by then. I also received another letter from the creditor on July 9 to settle for payment arrangements but they can still sue me.

To make a long story short.... The original creditor was a manager/landlord. We found a lease to purchase back in 2005. The option money was $10,000 (we never paid) and we can purchase some of the furniture at the time of purchase. I found out I had to have another eye surgery and this surgery did not do well, I was off work period. We look at the reality of everything and told the manager of the property that we could not afford to purchase the home. We found replacement renters and moved. he insisted we take the furniture because we said we were going to purchase it at the end. I did not want the furniture but we took it anyway and paid what we could (there was never a real contract) Now this is what lead to us paying him the last payment and a week later he sent it to collections, the collection agency is also trying to sue us for option money but we did not opt to purchase the home, you pay option if you want to exerise the option to purchase.

What is even worse the manager is not allowed by the state to manage properties in Arizona. Arizona do not allow out of State property managers nor was the home registered as a rental (we find this out after the fact, this could be why he sent it to collections). The owner of the home lives in China somewhere and actually it is his furniture and we have not heard anythign from him. I think he does not care but the greedy manager wants the money.

I am to the point they can come get it, I will go to one of those rental places (since I can't really get new credit) This entire situation is based on greed and taking advantage of someone when they were down. He knew what happened to my eye and the complications, the missed work on my husbands end and the lack of being able to work on my end. At the time I was more worried about keeping my vision then looking into my rights like I did after the fact. ONe half of me want to go to court and fight this greedy monster but I really wnat to get rid of them fast.

[JollyGG]

Wow, with no contract and all the other shady dealings, it sounds to me like the furniture is yours. I really don't think any deal this shady is going to court to get his furniture or money.

Not only are they violating the automatic stay, but, I also see no way that the collection agency would be able to send you validation that you even owe the debt if you requested it.

As for how to get them to abide by the automatic stay, stop harassing you, or anything else. I wish I had an answer.

Have you laid the whole situation out to your lawyer. A strongly worded letter may be all it takes.

[freshstart06]

We just signed a faxed little statement that states we agree to purchase the furniture when we purchase the home, no payment agreements or anything. But now we have it in our possession, I want to just tell them to come and get it, well we did pay at least half before we went to collections.