Are there any procedures available to secure assets of a debtor before obtaining a judgment
Yes, and under certain circumstances, there are procedures available to obtain the assets of a debtor before obtaining judgment against the debtor. A secured creditor has a right to peaceable repossession of the collateral. That’s commonly thought of as a repossession or something along those lines, where the creditor goes and recovers possession of an automobile or other personal property that secures the debt.
There are also court actions in the form of a replevin lawsuit that can be filed to secure possession of the collateral while the ultimate determination on the claim on the debt remains pending. The creditor is allowed to essentially keep possession of the collateral or personal property while the lawsuit is pending.
There are other remedies available to obtain property of the debtor prior to entry of a judgment, for example, prejudgment writ of garnishment, but that is unusual and is only pursued under unusual circumstances because the law presumes that a party is entitled to obtain possession of the property until a claim against the party is proven in a court of law.
Law FAQ
- If I hire an attorney, am I just spending good money after bad?
- Is an oral agreement to repay a loan enforceable?
- Once a judgment is secured by the creditor against the debtor in court, what steps
- What are the elements of fraud?
- What are the rights of a secured creditor?
- What assets of a debtor are exempt from execution under Florida law?
- What deadlines, if any, are associated with my case?
- What do I do if someone who owes me money files bankruptcy?
- What do I do if someone will not return property that belongs to me?
- What does interference with contractual relations mean?
- What does it mean to quiet title?
- What is a partition lawsuit?
- What is a secured creditor?
- What is a summary judgment?
- What is an automatic stay and is there a way around it?
- What is fraudulent inducement?
- What is specific performance?
- What is the statute of frauds?
- What is your approach?
- What makes working with you different than other lawyers?
- What would your past clients say about you?
- What would your past clients say about you? Legal Dispurt
- Who can ask for an accounting in a partnership or corporation?
- Why should I consider hiring you?
- Will I be paid if someone who owes me money files bankruptcy?
- Are there any procedures available to secure assets of a debtor before obtaining a judgment
- Can I be foreclosed upon for delinquent taxes?
- Can I recover my attorneys’ fees from the debtor?
- Does your firm collect in other states?
- How do you obtain relief from an automatic stay?
- How important is it that my attorney be a skilled negotiator?
- How long do I have to collect a debt?
- How long does it take to get a judgment against a debtor?