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The distinction between secured and unsecured loans comes down to the degree of recourse that the creditor has if the debtor fails to make payments in accordance with the terms of the loan agreement. Secured loans are backed by collateral,…
Federal law allows a consumer or business to file for bankruptcy under certain circumstances. Although creditors have the right to repayment of their debt through the bankruptcy process, they often end up with less than the full amount that they…
Creditors have their own obligations under the law. These requirements may even apply when a consumer fails to uphold their own responsibilities under a sales contract. One restriction is that the creditor cannot take immediate action to seize a security…
Collecting a debt is often not as simple as the debtor paying what they owe in full and on time. A debtor may breach the terms of their agreement and not pay their debt for many reasons. The creditor is…
In North Carolina, a lienholder has the right to repossess a vehicle if it was used in the commission of a crime. The law that establishes lienholders' rights and motor vehicle repossession is Article 9 of the North Carolina Uniform…
As a creditor, you’ll see hundreds, if not thousands, of people who owe you money file bankruptcy in their bankruptcy schedules in an attempt to get out from under their debt. This is perfectly legal, of course, but you may…
It’s one thing to win your case against someone who owes you a debt, but it’s another thing entirely to collect on the judgment. Collecting on a judgment may be challenging for various reasons, but it is up to you,…
If you are owed money by someone who has passed away, you might need to file a claim in probate court in order to collect the debt. The South Carolina Probate Code outlines specific requirements that you must meet in…
In a replevin action, also called a “claim and delivery”, a party seeks to have the court order the delivery of property they claim legally belongs to them. Replevin actions differ from traditional legal claims in that a replevin claim…
The COVID-19 pandemic marks an unprecedented crisis for the world’s economy. Because of the immense financial strain it has placed on individuals and companies alike, you will inevitably encounter defaults as a secured or unsecured creditor. You may also receive…