Creditors Can Judicially Seize Debtors’ Property in Utah

Creditors Use State Power to Get Paid

A creditor wants to collect as much as possible of a debt owed by a debtor.  They want to  do it as soon as possible too at the lowest possible collection cost.  Usually creditors will attempt to regain the debt owed to them through letters and phone calls informing the debtor they have outstanding charges that need to be paid.  When the creditor’s letters and calls do not result in a voluntary payment by the debtor, the creditor will look for some way to seize and sell the debtor’s property and use the proceeds from the sale to reduce the amount of the debt.  A Utah bankruptcy attorney can help this from happening.

Utah State law has remedies to get a creditor’s property away from a debtor for the purpose of selling the property and applying the net proceeds of the sale to the debt.  To maintain the rule of law and order, only Utah’s police power is authorized to us force in this process.

Creditors Use Utah State Power to Seize Debtor’s Property

Ordinarily, Utah state officials will not get involved taking a debtor’s property by force until the creditor gets a judgment made in his favor.  It is through this judicial process of the creditor reducing his claim to judgment that the state determines the validity and the amount of the debt.  After judgment, the state basically aligns itself with the creditor and takes the debtor’s property through force and sells it to satisfy the creditor’s judgment.

The process of state seizure and sale of a debtor’s property is known as execution.  The execution process is the base judicial collection remedy of all creditors and is the only judicial collection remedy of creditors without a consensual or a statutory lien.

Bankruptcy Lawyers Stop the State from Seizing Property

If you are close to filing for bankruptcy, and creditors’ phone calls and letters come everyday ceaselessly, call a Utah bankruptcy attorney from Salcido Law Firm.  A Salcido Law Firm bankruptcy lawyer will help you evaluate the possibility of bankruptcy and will help protect property from going into the execution process.  Call 801.413.1753 for your free consultation with a bankruptcy attorney today.

 

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