Sunday, February 7, 2010

Bava Batra 169 – Debt Collection Procedure

When a creditor attempts to collect his debt, he lodges a complaint in court, proffering his loan document as a proof. If the debtor cannot pay, the court tears up the loan document and provides the lender with a collection warrant. The lender searches for assets belonging to the borrower and when he finds those subject to his lien, he takes the collection warrant to court at that locale. The court tears up the collection warrant and issues a repossession warrant. When the lender takes possession of the property, the court tears up the repossession warrant and writes a certificate of appraisal, used in the eventuality that the borrower later pays the amount and reclaims his field.

If one claims that he lost a deed of sale, they write a replacement for him, but omit the repossession guarantee, to prevent the possibility of him later collecting twice, breaking the sequence outlined above.

Art: Jan de Bray - The Haarlem Painters' Guild

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