After I got all 3 bureaus to delete the Americredit entry, I just received a court summons for a replevin action against me! CAN THEY DO THIS???????? I included this car in a Chapter 7 BK and tried at least a half a dozen times to surrender the car. Due to their error, they have not picked up the car. (Although I have requested them to pick up the car as recently as last Wednesday.) I filed for Chapter 7 4/2001. Long before bankruptcy, I was in constant contact with Americredit regarding my intentions with the vehicle. I told them I was going to file BK. where can I drop off the car? they said we'll pick up te car within 10 days. They did not pick up the car, I filed BK I called them again. They said BK law prevents them from taking the car until after the disharge. I called them after the discharge. They said I should be receivng a letter in the mail. The letter was regarding insurance and did not mention anything about surrendering the car. In my BK petition I told them I wanted to surrender the car. I told my trustee I wanted to surrender the car. Can they really win this repo action? I'm on the road to credit correction NOW THIS???
I'm not sure, but having filed myself, I know you have the protection of your discharge and your proof of intent for this vehicle is right in your petition on one of the schedules. Them not picking up the car seems to be their problem since you've in good faith TRIED to give it back. Your bk protecion is there for a reason. In my opinion, this debt should show as included in bk, and they should come get the car if they ever figure out how. Sounds like you have all your duckies in a row, they're the ones who can't do business right, I"m sure a judge will see right through that. Do you still have your attorney's number? I'd give them a call, some are helpful even after discharge. Could be they can fax over a letter or tell you what the outcome will be by phone. Just a guess on my part, I'm sure someone will have more sound advice!! Hang in there. Newstdt
It's pretty stupid for them to file a Replevin Action for something you tried to give them in the first place. Can you prove these attempts to turn over the car? Or is there someone at AmeriCredit who can vouch for these attempts?
