Creditors Rights & Remedies

Practice Overview

Creditor’s rights and remedies as a practice area involves the procedural provisions designed to enable creditors—persons who are owed money—to collect the money the money they are owed. These provisions vary from one jurisdiction to another, and may include the ability of a creditor to put a lien on a debtor’s property, to effect a seizure and forced sale of the debtor’s property, to effect a garnishment of the debtor’s wages, and to have certain purchases or gifts made by the debtor set aside as fraudulent conveyances. The rights of a particular creditor usually depend on the terms of any writing memorializing the debt.

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