Unsecured Creditors - Before judgement

Question 1

Self Help

Answer 1

A creditor cannot breach the peace

Question 2

Lawsuit

Answer 2

Creditor can file lawsuit to get a lien

Question 3

Attachment Liens

Answer 3

Are liens that arise before the judgement

Question 4

To get an attachment Lien

Answer 4

The property is likely to be sold, removed, secreted ec

Question 5

Procedure to get an Attachment Lien

Answer 5

1) Creditor files a petition of Attachment

2) Creditor has to post a bond

3) Jude reviews the petition ex parte and issues a writ of attachment

4) Sherif seizes property

5) Creditor files lis pendedn in county where property is located

Question 6

A petition for a writ of attachment must

Answer 6

1) Describe the creditor’s claim

2) Indicate the amount of the claim

3) State a statutory ground

Question 7

Distress for Rent

Answer 7

Special pre-judgment lien available to landlords seeking to recover unpaid rent Landlords can have the sheriff seize goods that are found on the leased premises or which may have been removed from the premises within the past 30 days.

Claim for rent cannot be more than 5 years old

A distress action gives LL priority over ARtile 9 SIs