Chapter 26 Creditors’ Remedies & Suretyship

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Presentation transcript:

Chapter 26 Creditors’ Remedies & Suretyship

Learning Objectives What is prejudgment attachment? Writ of execution? How does a creditor use these remedies? What is garnishment?

Laws Assisting Creditors Liens Mechanic’s Lien (real property) Artisan’ Lien (personal property) Innkeeper’s Lien (baggage of guests) Judicial Lien Attachment: court-ordered seizure of property Writ of Execution: court-ordered sale Garnishment Creditor permitted to collect a debt by seizing property held by third party (usually wages held by debtor’s employer)

Laws Assisting Creditors Mortgage Foreclosure Creditor (mortgagee) has the right to foreclose on property upon debtor’s (mortgagor) default. Suretyship and Guaranty Third person promises to pay debt owed by another Surety (3rd person is primarily liable) Guaranty (3rd person is secondarily liable)

Laws Assisting Debtors Homestead Exemption Family home free from claims of unsecured creditors or trustees in bankruptcy. Other Exemptions: Household furniture Clothing and personal possessions Vehicle Tools of the trade