fireside refuses to take surrendered car

[albundy]

ok... just finished with my meeting of creditors today, without a hitch .

now i have this problem... i bought a car with a loan from fireside... the car has been an absolute total lemmon [98 dodge intrepid 2.7L ]. when i decided to file bk it was still running, bout a month before my case was actually filed the car decided to totally blow. i figured since i still owed about 2 grand on it and already filing [had another vehicle sidelined, had issues, but paid for and cheaper to fix] i would just surrender it. i called them before i filed to see about surrendering it, they basically told me to piss off till i had a case number. i called them after i had a case number and they wouldn't talk to me about anything other than when i planned to pay them.

so now my meeting of creditors has come and gone "THANK GOD!!!!!!!" ... they never showed up... sooo what do i do with this unwanted car? they wont come for it [going to call 1 more time, but i want some advise first.]

i cant drive it and it would cost a pretty penny to tow it to them and drop it in their lot... i fix it and they'll take it... they're not going to give me the title... it cant stay where it's parked...

"i've heard" of people having the same problem, so they part out the car, cut it up [dont need the title to scrap it if you do that] haul the chunks over the scales and call it a day... i have the capability to do this, but i dont want to go to prison for car theft if this is just some bs story and i have no legal ground to stand on.

[JRScott]

Okay so you just had the 341. I'd give em til discharge at least. You could check your state's laws, in some areas if a vehicle is abandoned a certain amount of time you can apply for what is known as a junk/salvage title. You could then sell the car to someone using the junk/salvage title....

[albundy]

i had been thinking about that... applying for a lost title... as far as i know, you basically take out a 30 day public notice ad or something like that and if no one claims it you can then get a title... might go that route, good idea...

i can make a fair bit of money off the parts, but it just didn't make sense given i was already going bk, to dump 4 grand [2 to pay it off and 2 to fix it] into a car worth 2 grand. had my situation been different i would have fixed it.

i think i'll give them one more call, if they tell me they dont want it again, i'll wait for discharge and file a lost title on it. though i'm still open to suggestions.

[keepmine]

Show this case to your lawyer and see if he thinks it's worth pursuing in your district.

http://www.stayviolation.com/2006/08/court_upholds_r.html

[Mark80]

I had the same thing happen with a fridge and microwave. They only wanted to know when I would pay them. I surrendered and now the won't call me back to come get it. I have tried to give it back to the creditor since January with no luck. So I am now using the Fridge and will be selling the microwave. Someone had mentioned before this happens a lot, they just don't want to deal with it and try to bully people into paying them something to keep it. When you show no interest in keeping it they just forget you exist.

I would also wait until after discharge awhile just to make sure. Maybe even send them a registered letter demanding drop off / pickup by a certain date. And if they still don't respond junk it / donate it.

[ShouldWeFile]

It is simply a business decision not to repossess the collateral. If the cost to repossess the collateral exceeds the value of the collateral, then it makes better sense to simply charge off the account.

I don't ever see them coming to get the vehicle...