By Stephen J. Muhonen, Creditor’s Rights / Collections Attorney, Racine Olson, PLLP I was looking up something the other day on the internet when I came across my blog dated January 23, 2020. I took a minute to look at it and immediately noticed some of the exemptions have changed…
OBTAINING A WRIT OF POSSESSION Secured creditors have options in taking possession of personal property collateral after default by the debtor. As detailed in Idaho Code §28-9-609, a secured party may do self-help, if it proceeds without breach of the peace, or it may proceed to obtain the property through…
By Stephen J. Muhonen, Creditor’s Rights Attorney, Racine Olson, PLLP It has been said that a hole was never dug by leaning on a shovel. Rare is the occasion where desired outcomes and favorable results arise without putting your back into a project and earnestly working towards a focused goal. …
By Stephen J. Muhonen, Creditor’s Rights Attorney, Racine Olson, PLLP As a judgment creditor (holder of judgment entered in your favor), perhaps you have experienced the thrill of obtaining the judgment, and the agony of attempting to collect thereon. The judgment debtor (person or entity for which judgment was entered…
By Stephen J. Muhonen, Creditor’s Rights / Collections Attorney, Racine Olson, PLLP The practice of law has endless highs and lows. Behind every victory, or so it seems, lays another potential legal concern that can take the rug right from under your feet. Due diligence and controlled paranoia, if you…
By Stephen J. Muhonen, Creditor’s Rights / Collections Attorney, Racine Olson, PLLP Isn’t it irritating as a creditor when you discover in your contract with a customer/debtor that you don’t have a personal guarantee in the file and your only recourse on a delinquent account is against an entity, such…
DEBTOR EXAM By Stephen J. Muhonen, Creditor’s Rights / Collections Attorney, Racine Olson, PLLP I have been practicing law for almost 17 years. Throughout this time I cannot tell you how many times I have been contacted by creditors/judgment holders, asking to retain me so as to have their debtor…
By Stephen J. Muhonen, Creditor’s Rights / Collections Attorney, Racine Olson, PLLP I had an interesting collections issue arise the other day that is worth discussing. A self-represented judgment creditor was attempting to garnish a judgment debtor’s wages. The judgment creditor had repeatedly served a Writ of Continuing Garnishment on…
By Stephen J. Muhonen, Creditor’s Rights / Collections Attorney, Racine Olson, PLLP One of the first things I discuss with new clients whom are seeking legal representation to collect money from their debtors is whether the debtor has any assets that can be collected upon. In my opinion, an attorney…
By Stephen J. Muhonen, Creditor’s Rights / Collections Attorney, Racine Olson, PLLP One of the most important priorities for a creditor or lender when entering into a contract with a borrower or debtor is ensuring they have a perfected security interest in the property that is being purchased. The purpose…