No, but if there is an execution, it can be levied on any property of the defendant, usually a motor vehicle or real estate. Then it is secured to the extent there is any equity for it to attach to.
It depends on the judgment. If it is a Motor Vehicle Judgment it is not a secured claim which makes sense since they went after your license and not your assets. Sometimes these Motor Vehicle Judgments show up on your credit report and the only way to get it off is to settle the judgment or file bankruptcy. If it is not a Motor Vehicle Judgment it is most likely a secured claim.
If the property is worth $5,000 and there is a claim on it for $1,000, there is equity of $4,000, which will have to be paid to the trustee or exempted (in a Chapter 7). The $1,000 claim will be the secured claim, assuming it is in fact secured by a mortgage, purchase-money loan agreement, judgment levy or other security.
This is not a question. If your question is, "What happens when the trustee moves the Court to declare a secured claim withdrawn," then one should object, particularly if the secured creditor still has a claim. If this is chapter 7, a secured creditor has no claim except on its collateral. In chapter 13, fight for your claim.
Yes, Car Rental Companies accept Secured Credit Cards. There are two types of cards. "Secured" and "Prepaid". Prepaid cards will be accepted at rental companies (or will be treated like a debit card). SECURE cards on the other hand are not like a credit card. The rental company has no way of knowing rather the card is secured or not.All secured cards say "debit", and have a Visa, Mastercard logo, etc. However, as with any credit card (secured or su-secured), they will take a deposit out on the card that covers the rental fee for your expected term. This will not be "charged", but "held" to your card until you return it, at such a time you can choose to authorize the payment to go through or pay the balance with a debit card, allowing the hold on the credit card to release.
Actually, a secured creditor only retains priority if they file a claim.
A judgment claim is a claim you bring into small collections court. This is a usual type of claim for when someone owes you a small amount of money.
You can only claim against the rental company if the driver took out their insurance. If he has his own separate insurance, that is where you need to make the claim.
If it is against property..if it is a judgement against you generally, then no.
Secured debt has priority over other debdtors to the secured property. If that does not saisfy the claim, then te remainder may be filed as a general claim, taking position below senior debt.
Typically, not. However, the rental place can take you to court and enforce a judgment, once obtained.
You do not need a lawyer for file a judgment debtors claim for exemption in Missouri. You do need to have it notarized.
Kill him http://uncyclopedia.wikia.com/wiki/HowTo:Solve_an_evil_Landlord_problem