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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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How Can a Secured Creditor Repossess Collateral Without Breaching the Peace?

Jimerson Firm

The quickest and cheapest way for a secured creditor to take possession of the collateral is by self-help repossession. In Florida, a secured creditor may use self-help repossession without going to court, provided it does not “breach the peace.” § 679.609(2)(b), Fla. Debtor’s Consent to the Entry and Repossession.

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How To Remove Delivery Financial Services From Your Credit Report

Better Credit Blog

Are you concerned about a collections entry from Delivery Financial Services? Read on to learn more about Delivery Financial Services and how to get them deleted from your report. About Delivery Financial Services. How Delivery Financial Services Works. Ask Lex Law for Help.

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How To Remove BCA Financial Services, Inc. From Your Credit Report

Better Credit Blog

If you’re wondering what BCA Financial Services is and why it’s on your credit report, the guide below is for you. With all of life’s financial obligations and the busyness of day to day life, it can be all too easy to let a payment slip through the cracks. About BCA Financial Services. BCA Financial Services, Inc.

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CFPB Supervisory Highlights: Auto Loan Servicers Should Re-Examine their Repossession Fee Policies

Consumer Financial Services Law

Auto loan servicers need to pay careful attention to their repossession practices and particularly, their policies concerning repossession fees. Auto loan servicers need to examine their policies and procedures regarding their repossession practices to insure they are in line with the CFPB expectations.

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SBA Loans: How to Maximize Recovery by Liquidating Personal Property

Jimerson Firm

Self-Help Repossession: In Florida, a secured creditor may use self-help repossession to take possession of collateral, provided its efforts do not breach the peace. Florida case law provides that a breach of the peace occurs if the secured creditor enters the debtor’s land to repossess the collateral, without the debtor’s consent.

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SBA Loan Site Visits: How to Prepare and What to Expect

Jimerson Firm

If it cannot be done without “breaching the peace,” consult legal counsel about filing a replevin action; and.