asked 228k views
2 votes
Yasna is a secured creditor and Josh is an unsecured creditor. What is a remedy available to one but not the other?

1 Answer

6 votes

Final answer:

A secured creditor, such as Yasna, has the remedy of foreclosure or repossession of the property that secures the debt, while an unsecured creditor, like Josh, typically has to sue for a judgment in order to attach assets or garnish wages.

Step-by-step explanation:

The question you're asking relates to the remedies available to secured and unsecured creditors. A secured creditor, like Yasna, has a security interest in the assets of the debtor, which gives them a priority claim over these assets. In case of debtor's default, a secured creditor may have the right to foreclose or repossess the property securing the debt.

On the other hand, an unsecured creditor, like Josh, does not have a security interest in the debtor's assets. Therefore, an unsecured creditor generally cannot repossess items if the debtor fails to make payments. Their primary recourse is to sue the debtor and obtain a judgment in court, which they can then use to attach assets or garnish wages, but this is often a much lengthier and uncertain process compared to the rights of secured creditors.

answered
User Ivan Zub
by
8.8k points
Welcome to Qamnty — a place to ask, share, and grow together. Join our community and get real answers from real people.