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Circuit City Replevin Florida

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  • Circuit City Replevin Florida

    Quick facts: filed CH7 old law, in Florida, discharged in Dec 2005. Didn't realize at the time of filing that CC had a PMSI on our television, so it was listed with the rest of our unsecured debts. On our asset form, the tv was listed with some other furnishings.

    CC has filed replevin. Not asking for any money, but they do state the value of the television as around $3100 (coincidentally similar to the amount we discharged). A new television can be purchased for about $2300. We never had any contact from them until we were served the court papers. Nor did they file any objections or anything saying they were a secured creditor.

    The small claims date is next Monday. We have tried to call a couple times but get put on continual hold.

    What is the best course of action? Call them again and try and work out a deal? Show up at SC court and hope they don't? Be prepared to make an offer based on the used value of the television?

    I was told that if they win the case and take the television, they will come back after us for a deficiency judgement once they resell it. So if they end up getting $500 net after their costs, they can come back to us for the other $2600? I understand the lien survived the bankruptcy, but I thought they couldn't get any money.
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