Christian Debt Recovery

Credit Card Debt Lawsuits In Texas

February 25th, 2008 |

Author: Gavin

You Shouldn’t Feel So Secure About Your Unsecured Debt

If you’re one of those people that might soon default on loans, but sleeps well at night because they’re all unsecured, then it’s time to wake up.

It’s not easy for lenders to recover all or a part of their money if a loan is unsecured, but it’s by no means impossible, and arriving at some kind of settlement is normally best for both parties.

Let’s take a look at the differences between secured and unsecured loans, because there are many misconceptions that surround this issue.

Secured Debt

Secured Debt means that there is some property i.e. collateral, that the debtor has pledged to secure payment of the loan, and the collateral can be anything of value but normally needs to have a value that is higher than the amount of the loan that’s being applied for.

If a borrower defaults on a secured loan, then the creditor will more often than not quickly seek permission from the court to get its collateral prior to judgment.

The procedure is called a ‘replevin’ and it can be used so long as the collateral isn’t real estate.

The debtor then has the right to respond to the creditor’s lawsuit, and is normally allowed twenty days, and if a legitimate defense is raised then the right to a trial exists.

If the lender wins the case then he can seize certain (execute upon) debtor’s assets.

In most States the creditor is forbidden from seizing;

All but very expensive clothes, non-valuable home furnishings, certain equity in the home, equity in most cars.

Unsecured Debt

Unsecured Debt means there is no property pledged to secure payment, and credit card debt is a good example of that.

Since an unsecured debt is obviously more difficult to collect, it is most often handed over to a collection agency.

When it comes to collecting a consumer debt that was for a home or for personal use, the attorney or collection agency is obliged to follow rules that include harassment prohibitions and disclosure requirements, and if the lender or his agent violates any of these rules then he will be forced to pay the debtor damages.

A collection agency generally asks for between 30 and 50% of the debt, so if a considerable amount is owing then the creditor will often use an attorney instead, because it should work out cheaper.

If a loan is in default, which generally means not paid on time or as otherwise agreed, then the creditor will obviously want to collect and he’ll normally begin that process by sending you some type of default notice.

It’s important that you respond, because if you don’t then you’ll be in default and a judgment will be handed down, after which the creditor with whom you have the unsecured loan will be entitled to verify your assets.

Both parties will frequently come to some kind of agreement at this point, since the bank is not in the business of selling used furniture or jewelry, and the debtor doesn’t want his assets seized.

If the debtor is owed money by a third party, such as an employer or bank, then the third party can be forced to pay the creditor instead of the debtor, through a process called garnishment and levy.

Most States will only allow creditors to seize one quarter of a debtor’s wages, and Texas forbids the seizure of wages.

Whereas the foreclosure process normally takes a considerable amount of time, it is usually much simpler to repossess goods that were purchased and not paid for, but it can only be done if the “peace is not breached”. This means that a confrontation must be avoided, and if the peace is breached, then the debtor can sue the lender or its agents.

A creditor can avoid breach of peace risk by having the Sheriff do the repossession, but because it’s expensive it not often employed.

To Summarize

You can be forced to make good on an unsecured loan.

The chances of the lender taking action increase according to the size of the debt, and the amount of non-exempt assets that the debtor has.

The creditor will prefer making a deal to going to court, and coming to some sort or arrangement would most likely be in your best interests too.

About the Author

The author of this article was a film producer, and award winning film sound editor for many years. He has a major interest and flare for economics, and one of his websites -> Free From Debts is for those that want to get free from debt quickly, and it has information on how to eliminate 90% of your debts by simply sending a one page letter.