Posts tagged Creditor
Assigned-Risk Premium Collections

The Commonwealth of Virginia began requiring and regulating workers’ compensation insurance in 1918. Since then, the Commonwealth has bit-by-bit developed a more comprehensive regulatory system in light of rises in work injuries, workers’ medical bills, and law suits against employers as well as changes in industry and technology. That statutory scheme now generally requires employers of two or more workers to carry state-recognized workers’ compensation insurance. . . In our practice area of commercial debt collections, Shenandoah Legal Group, P.C. assists assigned-risk insurers with recovering on unpaid insurance premiums and we have developed experience in negotiating with defaulting assigned-risk insureds. In the event litigation is required, our firm has experience in obtaining judgment for unpaid audit premiums and using post-judgment collection remedies to further enable insurers to recover.

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Representation for Virginia Lenders

For much of Shenandoah Legal Group’s 24-year history, a large part of the practice of SLG’s attorneys has concerned providing legal guidance and expertise to lenders. Important among that client base are local and regional banks and credit unions operating in Virginia. In assisting local lenders, SLG has grown to offer an extensive array of creditor-tailored legal services across a wide spectrum of credit situations from consumer default in a retail setting to distressed debt for educational, home, medical, automotive, or commercial purchases. . . . SLG welcomes local and regional banks and credit unions to contact our office for a free consultation. Our office can be reached at 540-344-4490 or through our Contact Us form at shenlegal.com/contact.

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Tuesday's Gone: Recovering on Unreceived Accounts Receivable

While J. Wellington Wimpy’s good-old catchphrase, “I’ll gladly pay you Tuesday for a hamburger today,” has become an expression of financial irresponsibility, paying later for goods and services consumed now is commonplace. Our modern economy runs largely on credit. . . . But no matter how this credit system is set up, sometimes “Tuesday’s gone with the wind” with the seller or lender left unpaid. . . .

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Foreclosure in Virginia

Foreclosure is the process by which a lender ends a borrower’s interest in real property, either to acquire title or cause a sale, to satisfy an unpaid debt secured by the realty. In Virginia, lenders may pursue either judicial or non-judicial means of foreclosure. Judicial foreclosures operate through the court system, while non-judicial foreclosures occur outside of the court system under the terms of a contract. As a practical matter, the great majority of Virginia foreclosures are non-judicial.

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Attachment: Securing Vanishing Assets

When a creditor is faced with a customer in default who is actively concealing or attempting to remove assets from the state, prospects of collection can often appear dim. In this situation where time is of the essence, prompt and prudent action can make all the difference. Virginia, like many states, provides a narrowly-tailored remedy to creditors in this pressing circumstance: pre-trial attachment.

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Lis Pendens: Safeguarding Rights in Property under Litigation

A lis pendens, also called a notice of lis pendens or notice of pendency, is a legal tool in Virginia and many other states that can be a powerful device in the right circumstances. Essentially, a lis pendens is a public notice that a suit concerning title to property is pending. This article serves as a summary of lis pendens as it is used in Virginia.

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Detinue in Virginia – How Secured Creditors Can Recover Their Collateral

Since the recession and credit crisis of 2008, a growing portion of my practice involves helping creditors recover their collateral. Virginia, like most states, allows automobile lenders and other secured creditors to use self-help to repossess cars and other collateral, but it seems that since the downturn, many borrowers are either hiding their property or storing it in such a way that the repo man can not get to it.

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