Guess what my secured creditor wrote me part 2

[aachudneymiles]

I filed pro se which most of you know and everything is fine I have been getting letters from my secured creditors which is fine i want them to come get the stuff vs. me paying for it. Anyways i have been getting the normal letters give them permission to get the stuff blah blah .. well today i get a letter saying this is blah blah furniture and we understand your intention to return the furniture .. please take the furniture to a local charitable organization and sent us a letter stated it was donated... WTF are they crazy ? am I suppose to go along with this .. and break my back moving a king size heavy wood bed dresser and armiro that stand about 9 feet tall.. anyways they said they will consider the account settled.. I have never heard of this have you....

O.K so this is an update ... on the JAN 25th I got a call on my cell from all three creditors (secured creditor) on the same day-- well furniture store blahh blah .. said did you get the letter we sent about taking the furniture to a local charitable organization.. I was like yeah. She said are you going to do that. I said look thats your job if you want to come get it you come get it /then I got to thinking why am I even talking to this lady and ended the call.. well today I am leaving to go to my doctors appointment and i look on the door and these fools sent the salvation army to my home. lol..it was a note saying sorry we miss you.. then i get a call on my cell from the charitable organization asking if i had schedule a donation .. I said NO, and ended the call. I guess this store really wants their tax write off for filing time . lol .. then i get a call from hsbc auto saying they want this signed paper by the 1st or my automatic stay will laps and they can get the car??!?? what does that mean .. He said the I have 45 days from the 341 to surrend secured items?!? I said OK you'll get the paper and ended the call.
Then I got a call from a company I pur'd my washer and dryer from now this is whats wierd it was the same lady who was calling me to collect the debt before I filed but now she the legal department.lol well she knew it was me when I answered the phone.. so I just cut her phone call short and they call one more time.. now I am wondering why? why ? are they trying to play these companies are over 2000 miles away plus the one isnt even in my name but yet they are calling for me. well I am thinking of changing my phone number.. Its just that I had it sooo long. Well I am call screening for now.

[poorme]

Will filing a bankruptcy stop creditors from calling?

"As a pro se debtor, creditors may still contact you for information."

This is taken from the Pro-Se section faq's on the Western KY court website. Thus, some advantage to filing with an attorney.

[MomIcantFindmy]

I would quit answering the phone. Unbelievable! I love shopping at Sally's (Salvation Army) but I would laugh if a furniture store sent them to my house. There is no way I would let anyone dispatched by a creditor into my house without a court order or a search warrant. Same goes for Washer/Dryer or anything else.

[Minnymouth]

Unfortunately,
If you are surrendering items in a bankruptcy, (home,auto,washer/dryer), then as soon as the automatic stay is lifted, the creditor has the authorization to pick up his items at any time, in any state, and he can send anyone he wishes to pick them up..... BECAUSE you are surrendering them and the creditor still owns them............

You can't keep them, just because you want too....

So avoiding giving them up will just cause you more additional problems and headaches. So if they send the Salvation Army after something......give it too them...... and you have fullfilled your obligations under the Bankruptcy Laws....

Evidently, this credit is NOT going to let you keep it..... and since they are in another state, will donate it to someone in your state. It's their way of saying "your not keeping it at our expense"......

[MomIcantFindmy]

Another idea.........find your favorite charitable organization and donate it. Then you can go back and buy it again if you would like to.

[sandhall]

well I would surrender it to salvation army because the creditor could notify courts you are not surrending and put a hold up on discharge. we had to surrender furniture and they came or i should say scheduled local shelter to pick items up and our attorney said we must comply with the creditors pickup even if it was not said creditor unless i wanted the creditor to file a complaint with the court

[FreshLikeADaisy]

AA, I remember the last thread you wrote on this, and I still think that this is very questionable. The way the last thread ended was basically, without a piece of paper they can kiss the door when I slam it (my paraphrase, obviously ) and that was that.

Honestly, I don't think anything has changed. If they want Salvation Army to come out and pick it up, they need to equip Salvation Army with a letter, on letterhead, that authorizes them to do so as part of their replevin action. You can also send them a certified letter stating that you will only deal with them in writing, and list your terms of surrender there: it's true they may contact you, but it doesn't have to be by phone. Yes, you have to return the security on the loan, as you already knew, but you don't have to give it to any joe that happens by.

Basically, because Salvation Army is not a party to the debt or even the security on the debt, the creditor needs to establish that Salvation Army is their AGENT -- specifically and legally acting on their behalf -- before sending them to your door. You can also ask whoever they send to prove to you their status as this collector's legal agent, and even ask them if they KNOW they are acting as the creditor's LEGAL agent. If I were the big lump taking the dryer, that would definitely give me pause. Make 'em jump through the hoops, woman! Anytime you deal with them, affirm your intent to surrender, never say you want to keep it or willl try to keep it, but make them do it right. That's what I think, anyway.

[One Half Full]

Salvation Army has a pick-up service

[aachudneymiles]

ok sorry guys

yeah salvation army picks up stuff.
1st I have 2 issues...
1. Salvation army does not even know whats going on .. the furniture store called them and acted as if they were me giving a donation.
lol giving my name, number as a contact number and address as pick up.. now when they called I ask do they break down furniture.. they said NO now the furniture I have is soooo big and heavy is has to broke down to be taking out my home. by me?!?!? Negative--- I am 9 month pregnant giving birth in 1 week .. and hubby works 14 hours a day they can forget that!

NOW

2nd What if Salvation army damages my home, the furniture is that big... ?

Now hell yeah i want to keep the furniture but is it worth my bk HELL NAW!!! They can have it in a heart beat. but not like that

What I am going to do

1 stop answering the phones screen my calls.
2 if they want me let them write me
3 if they want it they have to come get it.. them selfs. I am not giving it to anyone but Lacks furniture.

Will keep everyone posted

[FreshLikeADaisy]

Sounds like a plan... and if we don't get to chat prior to the big day, well, have a Happy BIRTH Day, if you know what I mean!

[Lindsay]

Seeing they are willing to have you donate the furniture, isn't there a way that you could settle with them for a very small amount of money? I remember reading about someone who had a $5000 television and settled for $1000 to keep it.

Other than that, I wouldn't answer the phone. I wouldn't give the furniture to anyone but the actual company either!

Good luck with your new little one! I have three kids and I was always so excited to meet the new baby when I got close to my due date!

[aachudneymiles]

Sounds like a plan... and if we don't get to chat prior to the big day, well, have a Happy BIRTH Day, if you know what I mean!

Thnx Fresh HAHA never thought of it like that ... yeah happy birthday... lol when I get my discharge I am having a BIRTH day party... lol

Seeing they are willing to have you donate the furniture, isn't there a way that you could settle with them for a very small amount of money? I remember reading about someone who had a $5000 television and settled for $1000 to keep it.

Other than that, I wouldn't answer the phone. I wouldn't give the furniture to anyone but the actual company either!

Good luck with your new little one! I have three kids and I was always so excited to meet the new baby when I got close to my due date!

Thank You and I agree with you .. my mother told me they would most likely settle too but I think its the tax write off they are after... with them wanting me to donate it in their name and so forth..