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Creditors Rights

Creditor's Rights

Creditor rights in this era of credit card fraud is extremely important. Have research custom written on the latest in information and laws regarding creditor's rights.

A common assignment on Creditor's Rights may read as follows:

  1. Research and analyze the garnishment statutes of a particular state to identify dollar exemptions and local garnishment procedure, and to determine whether a creditor has to return to court for separate orders to garnish, for example, an employee's paychecks.
  2. Then, research and analyze the state's exemption statutes to determine what property is exempt from levy of execution and attachment.
  3. Identify the amount of the homestead exemption and whether it has any restrictions, and what kind and amount of personal property is exempt.

Creditor's Rights Delineated

Creditor rights research papers note the following concerning the rights of creditors. His or her rights are not unlimited. There are two things that may occur. The secured party may either retain the property as satisfaction for the debt, or he may sell it and liquidate the debt, giving to the debtor any surplus monies realized from the sale. The choice of which option to take does not rest solely with the creditor's discretion. If the creditor wishes to retain the collateral he must give notification that he proposes to do so to the debtor and to any other party who has claimed to possess a secured interest in the collateral in question. Collateral in the form of consumer goods is an exception to the requirement to notify the third party. If, and only if, the creditor receives no objection from either of the parties notified, then the creditor may retain the collateral. But if objection is made, then the collateral must be sold. And if the collateral is in the form of consumer goods for which the debtor has paid 60 % of the purchase price, or if the debtor has paid 60% of the loan that is in default, then, in both these cases, the collateral must be sold .

Foreclosure is a very complex matter. Virtually every point dealt with in this essay is an area of law in which caveats and exceptions abound. The existence of the possibility of bankruptcy proceedings complicates these matters further. Because of the legal complexity, the existence of risk in litigation, and the amount of time and money that are required to bring about a successful foreclosure, it is no wonder that it is a kind of proceeding that is used only after all other attempts to reach a settlement fail.

Resource Information for Creditor's Rights Term Paper

There are certain format elements you many want to insure are in your paper.

  • You should use at least three sources for this assignment.
  • A classroom text is an acceptable source, but it should not count as one of the three.
  • Important: Sources other than scholarly journals, major newspapers or magazines, and government-sponsored web sites should not be used to.
  • When writing, be sure to paraphrase and not take information word-for-word from your source. If you use direct quotes, do so judiciously.
  • Whether you use direct quotes or you paraphrase, however, you must cite to your source at least once per paragraph. The citation should contain the page number(s) in the text from which you obtained the information (or, if you're referring to an Internet site, the name and sponsor of the site, plus the site's exact address.
  • Citations may be in the form of footnotes, endnotes, or parenthetical references.

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Creditors Rights Research Papers

Creditor's Rights research papers look at a sample of an order placed on the garnishment and exemption statutes in the state of Texas.

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