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So what happens if the Client no longer has the
Dear members:
The responses have been very helpful. But I'm wondering because I can't
find anything in the code. . . . What happens if the Debtor can't surrender
is it really not his/her problem? Do they really just get to walk away?
My reaction from what you have all posted is to just ignore the letter from
the creditor. Give it to the client with a letter informing them that we
have Scheduled it as Schedule F debt, and since 45 days has past it is
deemed automatically surrendered. From there, just keep our mouths shut.
But I'm wondering if I can avoid a problem if I explain the situation to
the creditor. I have tried that in the past, and creditors have responded,
that if the client can't produce the item, then they have to pay money. Now
I know that's not true, but I always worry some sick-o creditor's attorney
(not that they are all sick-o's) will chase them down for the $60 bucks that
the furniture is now worth. UGH.
I'm gathering the client can walk away.
Thanks again for all the marvalous imput!
On Sun, Jul 25, 2010 at 9:00 PM, Stephen Mark wrote:
>
>
> Does the same lien theory apply if the client drives his vehicle deep into
> Mexico, where the engine blows up. Rather than pay the $1000 deductible for
> his Mexican insurance to repair it, or transport it back to California,
> client would prefer to surrender the vehicle and have Ford retrieve it. Does
> the lien follow the property and client gets to walk away???
>
> Stephen Stern
>
> --
R. Grace Rodriguez, Esq.
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CEL: (323) 304-5496
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Dear members:The responses have been very helpful. B
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