Skip to main content

What happens if I decide not to reaffirm a TV, with Best Buy? Also, some of the items were destroyed by my wife during a fight.

Denver, CO |

I am in Ch 7, right now, about to go to trustee trial. My wife destroyed some items they want me to reaffirm during a fight. What happens if I don't reaffirm the TV that I still have? I want to give it back.

What will happen if they put a lien on the TV, PC and PS3? The other things I don't have anymore.

+ Read More

Attorney answers 6

Best Answer
Posted

If you want to give it back, give it back or tell them to come and get it. Otherwise, you might get a few threats that they want it back but chances of them actually sending someone to get it are remote unless it is an expensive new model (less than a year old).

Posted

Call them and tell them you are not going to reaffirm, and they can come pick it up. Tell them to give you a day, and a window of time when they'll come get it. Most likely, they won't, but they might!

This legal information is provided for general legal purposes and does not establish a client-attorney relationship. Because of the limited information provided in the question, it is difficult to be certain that Counsel is answering the question correctly. You are encouraged to seek further information from an attorney directly so that follow up questions may be asked if necessary.

Posted

Telephone them to come pick it up at your place between x hour and x hour on a date certain

They likely will not come unless the TV is just a few months old and is a high end model.

Posted

You would need to give it back if you fail to reaffirm

Posted

Let me guess, you received a letter from Bass & Associates requesting that you reaffirm, redeem, or surrender the items your purchased with your HSBC Bank Best Buy card. Am I right?

Regardless, whoever they are, they are probably claiming that they have Purchase Money Security Interest in whatever you purchased with the card. Ignore them. They are just trying to scare some money out of you. Even if their security interest was valid, they would have to obtain a writ of replevin from the court. To do this they have to identify the items that your purchased. Assuming that they could, I doubt they would go through the trouble and expense just to recover some used electronics. I have seen these letters many times and nothing ever became of it after I told my clients to ignore them.

Asker

Posted

Yes, it is Bass & associates! Thank you so much!

Gary D. Bollinger

Gary D. Bollinger

Posted

In Eastern District of MO, where I practice, I have never seen Bass & Assoc. pursue a levy against such property.

Stephen Clark Harkess

Stephen Clark Harkess

Posted

The same is true in Colorado. They don't really want used electronics and they won't go through the expense to take them.

Posted

If you don't reaffirm the debt, the creditor has the right to go to court and get a replevin order and then come with the sheriff to take the property. If you don't have the property there is likely little they can do.

Further, although creditors sometimes threaten to repossess televisions and electronics, I have yet to see a creditor actually carry through. It isn't cheap to obtain a replevin order and get a sheriff to serve the writ. Used electronics are not worth very much money. The creditor is not likely to do anything if you simply ignore them.

You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.