Secured creditors are first in line for payment when a company is having financial problems. This becomes a factor only when the customer is filing for bankruptcy protection, selling the company, dissolving the company and liquidating the assets to pay existing liabilities, or when a secured creditor has not been paid and is forcing the customer to pay their obligation. In cases such as these, secured creditors are paid first and unsecured creditors are paid from what assets remain after secured creditors are paid.
If you want to ensure that you are a secured creditor, you can do so by either having your customer sign a personal guaranty. This is a preferred method of securing your interest as it ties the individual to the debt personally. They are more likely to pay a debt that they are personally liable for before any other debts.
Another method of securing your debts is to file a U.C.C. (Uniform Commercial Code Financing Statement) with the Secretary of State. Our sister company C&R Credit Services, Inc. can help provide the necessary forms (www.cr-cs.net), or you can contact the Secretary of State and download the forms. While this process will secure your debt, there may be earlier filings that will take priority over your filing which can be determined during the filing process. They recommend to attempt to secure a personal guaranty whenever possible.