When a creditor is faced with a customer in default who is actively concealing or attempting to remove assets from the state, prospects of collection can often appear dim. In this situation where time is of the essence, prompt and prudent action can make all the difference. Virginia, like many states, provides a narrowly-tailored remedy to creditors in this pressing circumstance: pre-trial attachment.
Read MoreA lis pendens, also called a notice of lis pendens or notice of pendency, is a legal tool in Virginia and many other states that can be a powerful device in the right circumstances. Essentially, a lis pendens is a public notice that a suit concerning title to property is pending. This article serves as a summary of lis pendens as it is used in Virginia.
Read MoreShenandoah Legal Group’s Collections Section is a full service creditor’s rights law section of the firm which concentrates on consumer and retail collections, subrogation, commercial litigation, residential real estate foreclosure, and creditor’s rights in bankruptcy.
Read MoreSince the recession and credit crisis of 2008, a growing portion of my practice involves helping creditors recover their collateral. Virginia, like most states, allows automobile lenders and other secured creditors to use self-help to repossess cars and other collateral, but it seems that since the downturn, many borrowers are either hiding their property or storing it in such a way that the repo man can not get to it.
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