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Can they take my computer?

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F

farside

Guest
What is the name of your state? FL
I have a creditor listed on my sched. F it's CompUSA. I purchased a computer about 4 yrs. ago using their company credit card. Do I have to give the computer back....the total debt on the card is approx. $650, but that includes other purchases as well, i.e., videos, etc. The computer is 4 yrs. old. Does it need to say on the form that I will surrender, or should I just leave it as consumer credit card debt & let the creditor decide. thanks
 


Elmo-1

Member
Leave it as a credit card debt, but in the end it won't matter how you list it. A 4-yr old computer isn't worth their time. If it's listed as a secured debt and they want to reposess it, they would need a court order and the sherriff would have to come by and pick it up.

This isn't likely to happen because they couldn't resell it to justify the expense of getting it back. And don't let them scare you into packing it up and Fed-Ex'ing it to them. That's not your job. It is a scare tactic they (and Circuit City) have been known to use to get people to send money after Bk. They won't go through the legal steps because they don't want the PC - they want money, and money is what they'll have to spend to get it back.
 
F

farside

Guest
Well, the paralegal who did my paperwork has it listed as "consumer debt - will will surrender to satisfy debt". Should I have her remove the part about surrendering it? thanks!
 

Elmo-1

Member
If you have a choice you certainly want to get that wording off. If they want it bad enough make them go after it thru the courts. Just have her list the entire amount as an unsecured credit card debt since your balance includes other items besides the computer.
 
A

ATTYnancy

Guest
its not likely that comp USA would want a 4 yr old computer back since it essentially has no resale value. here in california, I have put many clients into successful chap 7 filings and I can think of no one who had to surrender a small asset like a computer
good luck to you
 

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