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Enforcement in 2021 – the new normal – A guest blog by High Court Enforcement Group

CICM

Some of the changes in the pandemic for credit management and enforcement were temporary and have started to fall away, but others remain, making the enforcement landscape indelibly altered. The first lockdown saw a moratorium on all residential judgment enforcement and landlord action. New normal for creditors.

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Best practice tips for Legal Processes

CICM

It can be in cases where you know the debtor has funds and the threat of insolvency is likely to make them respond. However, if the Statutory Demand does not prompt payment and you proceed to insolvency, you may not recover your full debt if you are an unsecured creditor. which secures repayment of the debt when the asset is sold.

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How Does Validation of Debts Work?

Credit Management Company

The full name of the creditor. A statement that if the consumer notifies the debt collector in writing within the 30-day period that the debt, or a portion of the debt, is disputed, the debt collector will obtain proof of the debt of a copy of the judgment against the consumer.

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Personal Guarantees in Commercial Collection: How Helpful Are They?

The McHughes Law Firm

It is a prudent credit manager that attempts to obtain personal guarantees from the principals of an incorporated entity to which credit is being extended. Therefore, when drafting a personal guarantee, a creditor should specify that the guarantee is one of payment. Lubitz, Esq., When Should the Guarantee be Obtained?

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Avoiding Overshadowing Claims

FDCPA Defense

Section 1692g of the FDCPA says collectors must provide notice to consumers within five days of the initial communication regarding the debt, stating the amount of the debt, the name of the current creditor, and explaining the consumer’s right to dispute the debt and to obtain verification. See 15 U.S.C. 1692g(a)(1), (2). 1692g(a)(4).

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Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges – Part 3: Commercial Mortgage Default Options Including Acceleration and Enforcement of Personal Guaranties

Jimerson Firm

Goldome Realty Credit Corp., 1st DCA 1992) (providing that where the borrower filed for bankruptcy after a default judgment of foreclosure, the lender was able to sever its claim for enforcement of the personal guaranty and pursue the personal guarantor). See, e.g. , Guirlinger v. 2d 1135, 1136 (Fla. This prevents a double recovery.

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