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Recovering Personal Property Collateral: When Should Secured Creditors Consider Replevin Instead of Self-Help Repossession?

Jimerson Firm

Many secured creditors and equipment leasing companies have encountered defaulted debts, where the debtors and lessees retain possession of the collateral, including cars, boats, machinery, or other equipment. Self-Help Repossession. Self-help asset recovery is more commonly known as repossession. More specifically, Fla.

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“Consumer Debt” and Collection Letters: Arizona District Court Denies Plaintiff’s Motion for Partial Judgment on the Pleadings

Troutman Sanders

Germain Law Office PLC , an Arizona District Court denied a plaintiff’s motion for partial judgment on the pleadings in a Fair Debt Collection Practices Act case. The district court denied the plaintiff’s motion for partial judgment on the pleadings on all issues. ” The district court disagreed on both fronts.

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Order of Replevin: Getting Your Goods Back With Court Order

FFGN COLLECT NY

When most people think of taking back goods or other collateral, they think of the “repo man” breaking in and repossessing a vehicle in the dead of night without a court order or sheriff tagging along. As well as show that the demand and notice of default were sent and the debtor failed to cure the default in payment.

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NCLC report: States that Put Families at Risk of Poverty During the Covid Crisis

Public Citizen

A new state survey from the National Consumer Law Center finds that not one jurisdiction’s laws meet basic standards so that debtors can continue to work productively to support themselves and their families. No Fresh Start 2020: Will States Let Debt Collectors Push Families into Poverty in the Wake of a Pandemic?

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10 Common Questions About Bankruptcy

Debt Free Colorado

A court judgment that states that a person is not required to pay back some debts is given to those who abide by the bankruptcy laws and are granted a discharge. This type of bankruptcy enables the debtor to combine their debts, reach an agreement on a lower overall number and submit to a three-to-five-year plan for debt repayment.

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What is the Difference Between Secured and Unsecured Debt?

Sawin & Shea

To enforce secured debts, your creditors may repossess your car or other vehicles, they may foreclose on your mortgage, or levy against other property you have either pledged as collateral or that is subject to an involuntary lien. Instead, when a debtor fails to pay, the lender must first file a lawsuit in order to collect what is owed.

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COVID-19 Collections Impact Bulletin: State Responses (December 2020 Update)

Burr Forman

The new bill issued a moratorium on evictions, foreclosures, and repossessions, which expired on June 30, 2020. This legislation prohibits judgment creditors from initiating new “extraordinary” collection actions, including garnishment, attachment, levies, or execution. This order is inapplicable to domestic support obligations.