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Quasi in rem: Quasi in rem judgments consider the legalrights of individuals and not necessarily all parties involved. That means judgment creditors can seek debt payment from more than your wages and bank accounts. Creditors must follow the law when applying a judgment to take, or seize, your property.
In 2010, the defendant purchased the account and placed it with a lawfirm for collection. After receiving letters from the lawfirm, the plaintiff set up a payment plan, which she completed in 2013. The plaintiff later defaulted on her payment obligations and the account was “charged off.”
A guarantee of payment is a far more effective tool , as it allows a creditor to proceed directly against the guarantor without the necessity of taking any action against the primary obligor [debtor]. Therefore, when drafting a personal guarantee, a creditor should specify that the guarantee is one of payment.
WHAT THIS MEANS, FROM CHUCK DODGE OF HUDSON COOK: This decision is a mixed one for the defendant, a lawfirm. The opinion recites facts indicating that the lawfirm had at least four addresses in its system of record for the plaintiff, and tried to serve the collection lawsuit at three of them – all but her actual address.
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