Can A Dept Store Take Back An Item Being Repaired?
I filed for bankruptcy back in Nov, nothing has been discharged yet. I have an item that I purchased from Sears which is covered by an extended warranty; both purchsed using their credit card. That card is one of the items I am discharging. I doubt they check for these things, but if I were to bring the item into their repair center to be fixed, and the realize that this was purchased on their card which was sent to outside collections where they later obtained a judgement, do they have the right to keep the item? Am I better off not bringing it into there?
Answer:
Unless they claim a security interest in the item--something possible for larger items--no. Sears has a representitive at just about every 341 meeting I attend. She's a very kind woman. One of my clients was so concerned about her extended warranty that the Sears representitive called Sears about it. They told her that it's a Sears policy to honor service contracts (even if debtor doesn't reaffirm). Check with your Sears people before you rely on this post. It may be on a case by case basis, or something. Sears has been heavily sanctioned by bankruptcy courts in the past -- so maybe they are playing it safe on this one.
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