Pennsylvania law allows lenders to repossess property in which they have a security interest if the debtor falls behind in payments, according to the Pennsylvania Legal Aid Network. For lenders to take this action, there must be a written security agreement and it must be possible to peacefully repossess the property.
To be enforceable, a written security agreement must be signed by the debtor and list the specific property used as collateral, notes the Pennsylvania Legal Aid Network. This agreement must also clearly state the property is subject to repossession upon default. In addition, the creditor must be able to collect the property without violating the law. Creditors may seek relief from the courts if collateral is withheld by debtors in such a way that rightful repossession violates a law, such as trespassing.
Creditors are not required to give notice before repossession of vehicles, explains the Pennsylvania Legal Aid Network. Repossession of other personal property, including appliances and furniture, requires at least 21 days written notice prior to action. To repossess a mobile home, creditors must provide a written notice at least 30 days before seizing the property. In both cases, the debtor can bring payments current to avoid repossession.Learn More
The results of moving out of the United States and leaving debt behind vary from lawsuits filed on behalf of the debt holder to poor credit for the debtor. Depending on the length of time out of the country, there may be no result.Full Answer >
If it is inconvenient for a debtor to receive a debt collection call on Sunday, and the debtor has specifically told collection agents not to call on Sundays, then debt collectors are not legally allowed to call. Under the Fair Debt Collection Practices Act, debt collectors who call on Sunday after being advised not to can be held in violation of the law.Full Answer >
A debt collector can call a person at work unless they have been told verbally or in writing that the debtor cannot take calls at work. However, the Federal Trade Commission protects consumers against bullying or calling at inappropriate times by bill collectors.Full Answer >
The debtor in a bankruptcy case receives a notice of a discharge by mail once the discharge is completed, according to the United States Courts. The timing of the discharge depends on the type of bankruptcy case. Individual chapter 7 bankruptcies are usually discharged four months after the petition is filed with the clerk. Individual chapter 11, 12 and 13 bankruptcy cases are usually discharged after debtor payments are completed.Full Answer >