Creditors Rights FAQs

• Q: Are There Different Types Of Creditors?
  A: There are creditors who have a lien against a piece of property. The property or proceeds from its sale must be used to satisfy the debt to the creditor holding the … More
• Q: What Remedies Might Be Available Once A Creditor Commences A Court Proceeding?
  A: There are several remedies possible once a creditor has filed a lawsuit and prior to receiving a final judgment. Attachment is a court order permitting the creditor to … More
• Q: Will I receive Notice Before My Car is Repossessed?
  A: Most states require that your creditor provide you with notice before your car is repossessed. While the exact requirements of the notice differ from state to … More
• Q: What Issues Should A Creditor Consider When Deciding Whether Or Not To Pursue A Judgment?
  A: The creditor needs to consider the costs involved with pursuing a judgment. Even when attorney fees are contingent upon recovery, additional expenses include court … More
• Q: What Methods are Available for a Creditor to Collect on a Judgment?
  A: Each state’s civil code lists the different methods that are available to a person who is trying to collect on a judgment.  Some of the more common methods … More
• Q: What Is The Fair Debt Collection Practices Act?
  A: The Fair Debt Collection Practices Act requires that debt collectors treat you fairly by prohibiting certain methods of debt collection.
• Q: Can a Judgment Creditor Obtain a Lien Against the Debtor's House?
  A: Yes.  A judgment creditor can take the judgment and file it in the county recorder’s office, which will then show up as a debt on the debtor’s title … More
• Q: Can A Creditor Collect Interest On An Unpaid Claim?
  A: A creditor can only collect interest on a debt if there is an agreement beforehand, whether it is a credit application, a sales or purchase contract. If a creditor … More
• Q: Can a Debtor's Wages be Garnished to Satisfy What He/She Owes?
  A: Many states allow a creditor to garnish the wages of a debtor who has defaulted on his or her loan payments if certain conditions are met. For example, most … More
• Q: How Should A Creditor Proceed If A Debtor Files Bankruptcy?
  A: When an individual files bankruptcy, the automatic stay protects the debtor from all forms of collections so the first thing to do is cease any collection efforts. … More