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After BK compusa wants 6yr computer back

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    #1

    After BK compusa wants 6yr computer back

    I filed for bankruptcy under the old rules last year and it went through fine. Now I am getting collection letters for CompUsa that they want a computer and monitor that I bought on their charge card in Oct 2000. Is there any statue of limitation on how old an item can be that they can collect. The monitor is not working and I am in the process of replacing it. The computer has had everything (mother board, 2 CD drives, hard drive,sound card, operating system and mouse)replaced. The only thing that was not replace was the case, key board and nonworking floppy A drive. Do I have to give back a computer that has had everything replaced. This computer was listed in the
    Ch. 7 papers. as excempt.
    Tags: None
    #2
    Was your CompUSA card listed on your matrix of creditors? If so, and they didn't object when they were supposed, I don't see how they can get it from you.

    If it turns out that somehow they can do this, do you have the old parts? Put all the old stuff back in it, buy yourself a new case and power supply and forget about it.
    *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

    My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

    Comment

      #3
      After BK compusa wants 6yr computer back

      The compusa card was listed on the matrix. The computer was in excempt.
      I do not have the parts. The mother board was replace the second year and every year there was somthing. Is there a staue of limitations on how old a computer. I heard 3 years. Could this be correct.

      Comment

        #4
        Someone will give you an answer tomorrow--I don't know about the SOL. I just can't even see how they can come after you if they didn't file a motion before.
        *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

        My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

        Comment

          #5
          Tell them you no longer have the computer. (which is accurate if you have replaced that many parts).

          Comment

            #6
            I love how they come back after so long on a 6 year old computer. A corporation would have already depreciated out the capital investment for the purchase by now.

            The SOL will depend on the State you live in, and the CC agreement with CompUSA. Just depends on the laws in your State.

            You need to do a little research. Just because they're contacting you doesn't mean they have a legal leg to stand on. Lots of times, Collections Companies count on our ignorance to get money out of us when we aren't legally required to pay up.
            Filed Ch 7 - 09/06
            Discharged - 12/2006
            Officially Declared No Asset - 03/2007
            Closed - 04/2007

            I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

            Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

            Comment

              #7
              Originally posted by Terry2006
              The compusa card was listed on the matrix. The computer was in excempt.
              I do not have the parts. The mother board was replace the second year and every year there was somthing. Is there a staue of limitations on how old a computer. I heard 3 years. Could this be correct.
              The computer was listed as exempt only in the eye that the trustee could not come get it and sell it.

              If the can show you a proof of claim, then yes, they can come get it as long as they can prove the debt "secured" by the computer. Question, how much did you owe on a 6 year old computer? If you owned it 5 years prior to filing, I'm doubtful you owe that much on it.

              Like one poster said, if you still have the old parts, put them back in the case and give it to them. They won't really come and get it, how much can they possibly get for a 6 year old computer....can we count to zero.
              Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
              Plan Confirmation 6/16/06 :yahoo:
              Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

              Comment

                #8
                don't take any crap

                I hope Dell calls me for the $2,800 computer I ordered in July 05, five months before I filed. I need a hobby, can't wait. That $2,800 computer is worth about $1,000 tops a year later on ebay. Then they better get a sheriff to deliver a replevin or what ever that thing is, and it better have all the serial numbers listed or there going to have to do it all over again. Oh and by the way, I am a busy guy, I will make myself available between 4am and 5am two days a week by appointment only, for the sheriff to pick up. Ohh the sheriff service that does this, isn't available then, okay my schedule changes in two months, call me then. That will cost them $500 in attorney fees and service fees the first time, and who knows the second.

                As far as the old parts, don't put them back in. Tell them they can have them with a replevin. They are in a PAPER bag, in the garage, and can come get them quickly, cause the moisture is sure getting to them. Ohh and you need serial numbers on that replevin too for those parts or they can't have them.
                Last edited by scammer; 06-08-2006, 01:14 PM.

                Comment

                  #9
                  They don't want your computer. They want money but, they can't ask for it since it will violate the permanent injunction that a bk discharge affords you. They're hoping you'll offer some dollars.
                  The cost of collecting and then disposing of an ancient computer makes it uneconomical to repo.
                  Were I you, I'd just ignore them. They'll go bother somebody else in a few weeks.
                  As Scammer posted, if they really want it, make 'em jump through the legal hoops with a writ of replevin.

                  Comment

                    #10
                    Hey scammer, clean out your inbox so I can send you a PM.
                    *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

                    My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

                    Comment

                      #11
                      They want $$$$$$. Don't fall for it, don't offer them anything. I really wouldn't respond unless they take action.
                      "You once asked me for advice. You want some now? Never pass up a good thing." Lieutenant Jean Rasczak, Starship Troopers

                      Join the Mobile Infantry and save the world. Service guarantees citizenship.

                      Comment

                        #12
                        Originally posted by robivi3
                        They want $$$$$$. Don't fall for it, don't offer them anything. I really wouldn't respond unless they take action.
                        Either that, or take all your parts out and give them back an empty case

                        Comment

                          #13
                          They just want money

                          I agree with keepmine. They just want to pressure you into thinking they want the computer hoping you will make them an offer for a settlement. They wont throw good money after bad to try and get the puter. What are they going to do sue you? I doubt this is going anywhere. If I were you I would send them a certified letter telling them to cease all contact and see what they do. Otherwise, ignore them, maybe they will go away.

                          Comment

                            #14
                            Originally posted by midleman
                            I agree with keepmine. They just want to pressure you into thinking they want the computer hoping you will make them an offer for a settlement. They wont throw good money after bad to try and get the puter. What are they going to do sue you? I doubt this is going anywhere. If I were you I would send them a certified letter telling them to cease all contact and see what they do. Otherwise, ignore them, maybe they will go away.
                            how does
                            Chapter 13 filed -- June 16 2006

                            Creditor Meeting-- July 13 2006

                            Comment

                              #15
                              I just hate, when someone posts a new thread, and never comes back with an update. I find threads I like then they just die, this was a fun thread about the 6 year old computer. UPDATE.........please

                              Comment

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