What to do if I was discharged over 1 1/2 years ago but I have a discharged creditor trying to take me to court to ask for repossession of furniture?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if I was discharged over 1 1/2 years ago but I have a discharged creditor trying to take me to court to ask for repossession of furniture?

Do they have the right to this?

Asked on December 30, 2013 under Bankruptcy Law, Mississippi

Answers:

Terence Fenelon / Law Offices of Terence Fenelon

Answered 10 years ago | Contributor

In all liklihood, at the time that you purchased the furniture, you signed a retail installment sales agreement which granted the lender/seller, a purchase money secuirity agreement and acconpanying lien.  Although your personal liability was extinguished by your discharge, the lien survives and the creditor may seek recovery of the collateral, in this case, your furniture.

Creditors will often take a lump sum payment to release the lien.  You can always give it a shot.  Good luck


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption