Recovering Unpaid Commercial Debt Through Personal Property Foreclosures/Replevins
The personal property foreclosure attorneys at Stokes Carmichael & Ernst LLP represent the interests of banks, lenders and other financial institutions in consumer and commercial property foreclosure proceedings. While most commercial foreclosure law firms focus on seeking real estate foreclosures, we will also pursue personal property foreclosures as a means to recover the money owed to you.
Skilled Attorneys Representing Financial Institutions in Replevin Proceedings
Personal property foreclosure, legally termed a “replevin proceeding,” is a creative tool to use when you need to recover on a debt that is not real property related. The types of personal property you can seize range from cars, tractors, trucks, furniture, store merchandise and much more.
To pursue replevin in Georgia, however, you must ensure that you follow the very specific rules relating to commercial foreclosures. For example:
- You must first serve the debtor with a replevin summons.
- You must give the debtor a certain time period to respond and then attend a hearing to determine if you can legally seize the property.
In some cases where the debtor does not respond to your replevin summons, you can seek to obtain a Writ of Possession from the court. This writ would allow you to enlist the services of the local Marshal to go in and seize the named property on your behalf.
It is important that you follow all notice and time period requirements in a commercial foreclosure/personal property proceeding. Any misstep can lead to your inability to obtain a deficiency judgment against the debtor. Our skilled commercial collections lawyers are here to help ensure this misstep does not happen.
We Provide Real World Legal Solutions® to Your Debt Collection Concerns
At Stokes Carmichael & Ernst LLP, we firmly believe that the best way we can deliver excellent services to our clients is through creation innovative, real-world solutions that are uniquely tied to individual situations. We often come up with ingenious options that others may not even think of or feel bold enough to try. SCE Law is also a Silver Preferred Service Provider to the Community Bankers Association of Georgia. We only focus our efforts on pursuits that will allow us to accomplish your goals.
Talk to an Attorney at Our Law Firm
Discuss your personal property and commercial foreclosure concerns with our experienced legal team today. Call us at 404-352-1465 extension 423 or contact our Atlanta law firm online to schedule your initial consultation.