Most borrowers repay their debts in a timely manner. But what happens when they don’t? What are the rights of creditors ? What rules must creditors follow?
When you are ready to hire an attorney to use the court system to enforce a claim, hire an experienced and competent attorney. Once an attorney is hired, there are a number of court based remedies, including:
▪ Replevin: A creditor may take property from the debtor if the creditor holds title to that property. There are specific notice and hearing requirements for replevin.
▪ Attachment: Through attachment, the court can order the creditor to take the debtor’s property. Attachment is only available when it appears the debtor is going to dispose of the property.
▪ Lawsuits and liens: A creditor can request relief from the court. By suing the debtor, a creditor can receive the right to take the debtor’s property in order to recover the debt.
Judgment creditors have the right to use the tools of the justice system. For instance, they can garnish wages or bank accounts to get their judgments paid.
If you would like more information about options for creditors, or need assistance from an attorney, contact Windtberg & Zdancewicz to schedule an initial consultation.
The attorneys at Windtberg & Zdancewicz, PLC, provide Arizona residents and businesses with experienced legal representation in all collection matters. We are experienced in creditor’s rights including garnishments, charging orders, attachment, property execution, trustee’s sales, foreclosures, judgments, judgment collection, domestication of foreign judgments, and creditor’s issues in bankruptcy cases. If you need assistance with your collection matters, please contact us at (480) 584-5660.