Enforcing Judgments Against Chattels: Difference between revisions
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Enforcing Judgments Against Chattels (view source)
Revision as of 16:24, 13 October 2018
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In general, an unsecured creditor cannot take action against the chattels of a debtor until a judgment is obtained. Only after a judgment has been granted on a debt claim can a creditor look to the assets of the debtor to satisfy the judgment. | In general, an unsecured creditor cannot take action against the chattels of a debtor until a judgment is obtained. Only after a judgment has been granted on a debt claim can a creditor look to the assets of the debtor to satisfy the judgment. | ||
Aggressive creditors often threaten action against assets even before a judgment is obtained. (See the section on [[Harassment]].) Such threats are usually baseless because seizure of chattels after judgment can usually be avoided. | Aggressive creditors often threaten action against assets even before a judgment is obtained. (See the section on [[Harassment by Debt Collectors]].) Such threats are usually baseless because seizure of chattels after judgment can usually be avoided. | ||
However, two exceptions allow unsecured creditors to tie up the assets of a debtor while a legal action is pending (that is, '''before''' a judgment): | However, two exceptions allow unsecured creditors to tie up the assets of a debtor while a legal action is pending (that is, '''before''' a judgment): | ||
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* [[Bailiffs, Court Bailiffs and Sheriffs]]
| * [[Bailiffs, Court Bailiffs and Sheriffs]]
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* [[Garnishment and Set-offs]]
| * [[Garnishment and Set-offs]]
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* [[Harassment]]
| * [[Harassment by Debt Collectors]]
| ||
* [[Instalment Payment Orders]]
| * [[Instalment Payment Orders]]
| ||
* [[Recovery of Goods]]
| * [[Recovery of Goods]]
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