Law Office of Hayes & Welsh

Where to seek support in the claim and delivery process

Many creditors in Nevada face stressful situations due to loan defaults. While it's possible in many circumstances to sue their debtors, creditors may also use alternative means for satisfying such debts, such as the claim and delivery process. Some states refer to the search and seizure of collateral property as the replevin process. In this state, secured creditors can obtain writs of possession from the court to authorize sheriffs or constables to take possession of personal property that borrowers used as collateral to acquire loans.

It's best to seek clarification of state laws that govern such matters ahead of time to help overcome any obstacles that arise in the process. There are support networks available where you can obtain guidance as you act within your rights to collect a debt.

Keep the following in mind regarding claim and delivery

Debt collection is often complicated and stressful. Many people try to avoid paying off their loans, giving little or no thought to how such negligence may adversely affect their lenders in the long run. Remembering the following facts regarding the claim and delivery process may help you expedite the debt collection process:

  • Claim and delivery is a statutory process that requires a court order.
  • A writ of possession allows you to take control of property not currently in your custody when you have a legal right to do so.
  • A constable or sheriff is able to forcibly enter a non-residential structure under writ of possession to seize personal property on your behalf.
  • Only personal property is subject to claim and delivery. You cannot pursue seizure of real property, such as fixed buildings or land, etc., through this process.
  • In certain circumstances, you may recover the value of personal property when authorities cannot seize the property itself.

Not every claim and delivery situation has to do with financial loans. Perhaps you entered a written agreement to loan your vehicle to someone for a certain period of time and that person refused to return your car to you when the allotted time expired. This would also be a situation where a lender could request immediate assistance to regain possession of personal property.

Most people in Nevada understand that it's best to secure aggressive legal representation when attempting to reclaim a debt or seize personal property from another party. An experienced attorney can protect your rights and help you rectify a problematic situation involving unpaid debt, collateral and/or personal property loans.

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Law Office of Hayes & Welsh

Law Office of Hayes & Welsh
199 North Arroyo Grande Blvd
Suite 200
Henderson, NV 89074

Phone: 702-434-3444
Fax: 702-434-3739

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