What is Personal Property Foreclosure Law?

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.

Filing Procedures

Once served, the defendant has seven (7) days to file an answer. When the answer is filed, a hearing will be scheduled. As the plaintiff, you will receive a return of service from the Marshal’s Department indicating the date of service on the defendant. You will receive notice of the time and date the hearing will be held.

If the defendant fails to answer, you are required to prepare the writ of possession and order. This is usually done at the time of filing. You must also pay the service costs for the writ. No request for writ and order will be accepted by telephone or fax. Once the judge has granted the writ of possession and order, please wait 48 hours before contacting the Marshal’s Department to execute the writ. You may reach the Marshal’s Department at 404-371-2930.