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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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What Is the Automatic Stay in Bankruptcy?

Nerd Wallet

The automatic stay temporarily halts most judgments, collection activities, foreclosures and repossessions of the consumer’s property, which is known as the bankruptcy estate. The moment a consumer files for bankruptcy, such as Chapter 7 or Chapter 13, an automatic stay typically takes effect immediately. What the automatic stay.

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Why sudden job losses put people at risk of bankruptcy

Roths Child Law

When they can't find a job that offers comparable pay, they may find themselves unable to pay their bills at all in facing foreclosure, repossession or lawsuits from creditors. Even successful professionals typically only have enough money in savings to cover their cost-of-living expenses for a month or two.

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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

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. It is highly recommended that the lienholder or repossession agent have the local police/sheriff present during the time of repossession of the vehicle.

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Mistakes to avoid when filing for personal bankruptcy

Roths Child Law

Either way, overlooking the writing on the wall can give your creditor room to do the following: Place liens or obtain judgments on your property Foreclose your home Repossess your vehicle Start garnishing your paycheck Are you drowning in debt? Still, others delay the process in an attempt to “buy time.”