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

Jimerson Firm

Many secured creditors are aware of the right to “self-help” repossession—a process that is often fraught with risks and limited to the recovery of assets with a known location. When it comes to recovery personal property and assets, Florida creditors generally have two options for recovery: Self-Help Repossession; and. 2d 752 (Fla.

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Tenth Circuit Affirms Summary Judgment in Favor of Defendant in FDCPA Case on the Basis of Claim Preclusion

Troutman Sanders

Court of Appeals for the Tenth Circuit upheld a trial court’s order granting summary judgment in favor of a debt buyer holding that claim preclusion barred the plaintiff’s claims brought under the Fair Debt Collections Practices Act (FDCPA) and Utah’s Unfair Claims Settlement Practices Act (UCSPA). On August 1, the U.S.

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Why sudden job losses put people at risk of bankruptcy

Roths Child Law

Even making the minimum monthly payment on certain accounts could be prohibitive when people owe tens of thousands of dollars on credit card debt and have a multi-hundred-dollar car payment each month in addition to their mortgage and utility bills.

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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. In Uvaldo v.

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How Can a Lienholder Obtain Release of a Vehicle That Is Subject to a Lien From a Motor Vehicle Repair Shop Under Section 559.917, Florida Statutes?

Jimerson Firm

However, it should be understood that repair shops have the ability to lien a vehicle and ultimately sell the vehicle to obtain payment. If the lienholder posts a surety bond, the bond must be payable to the person claiming the lien and conditioned for the payment of any judgment which may be entered on the lien. 559.917(1)(a).

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Who Can Declare Chapter 7 Bankruptcy?

Sawin & Shea

Unsecured debts are not backed by collateral, such as car payments and home mortgages. Suppose you have enough money left over each month after necessary expenses and debt payments. Chapter 7 bankruptcy is a form of personal bankruptcy that liquidates filers’ assets to discharge qualifying unsecured debts.

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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. You should also be able to show that the borrower defaulted in payment and calculations, and substantiate the balance owed.