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Personal Property Foreclosure

Definition

An action which allows a secured party, such as a lender, to seek return of tangible, transportable property that secured a debt, i.e., a car, boat, motorcycle, furniture, appliances. A personal property foreclosure may also be used by the owner of property that has been rented to another to seek return of the property.

Jurisdiction

Magistrate Court has jurisdiction over foreclosures in which the value of the property claimed does not exceed $15,000.

Venue

Appropriate in the county where the person in possession of said property or where the secured property is located. Foreclosures may be served personal, notorious or by tack and mail.

Filing Fee

The filing fee is $60.00 plus $25 for service of one Defendant by the Marshall per case. Additional fees will occur if more than one defendant is named. You are not required to use the Marshall for service and may choose to use a private process server.

Procedures for Filing a Foreclosure

The Clerk of Magistrate Court provides forms required for filing a Personal Property Foreclosure. An applicant may appear in person in the office of Magistrate Court at either the North Annex, Central or South Annex location. The clerk will process your paperwork. This affidavit must be completely filled out and properly signed and notarized. Please attach a copy of the contract that created the security interest or a copy of the rental contract to the Affidavit for Foreclosure of Personal Property.

Answer

A person who has been served with a foreclosure of personal property affidavit has 7 days to file an answer. If an answer is not filed within 7 days the defendant will be in default. All answers must be received in our office by 5:00 on the 7th day after service. Download the Answer/Counterclaim Form.

Default

If an answer is not filed within 7 days, the defendant is in default. A defendant may bring the case out of default and file an answer from the 8th to 14th day by paying court cost . After 14 days, the plaintiff may request a writ of possession. Please completely fill out all applicable sections of the form.

Hearing

If a defendant files an answer a hearing will be scheduled within 30 days but no sooner than 15 days from the date of the answer. Both parties will have the right to present evidence and call witnesses. The parties should bring any relevant evidence with them to court, including copies of the contract, receipts, ledgers, photographs or other relevant items.

Witnesses

If a party has witnesses, the party should bring them to the hearing. Written statements may not be accepted as evidence. If assistance is needed to obtain the attendance of witnesses, a Request for Subpoena form should be completed and returned to the Clerk of Magistrate Court along with the required fee. For the courts to serve the subpoena the fee is $10.00.