2.1 In General

LibraryEnforcement of Liens and Judgments in Virginia (Virginia CLE) (2019 Ed.)

2.1 IN GENERAL

The rights and remedies of a creditor with a contractually created lien on personal property will generally be governed by part 6 of revised Article 9 of the Uniform Commercial Code (U.C.C.). 1 Article 9 of the U.C.C. will govern contractually created security interests no matter what name the parties give to the transaction. 2 As between the debtor and the creditor, these rights exist whether the security interest is perfected or not. The creditor may:

1. Exercise rights and remedies provided by agreement or title 8.9A of the Virginia Code;
2 Foreclose;
3. Reduce a claim to judgment;
4. Use any available judicial procedure to enforce the security interest;
5. If the collateral is documents of title, proceed against either
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