Collateral refers to items of property in which a security interest is granted by the debtor. This area of the law is mostly covered by the Uniform Commercial Code as adopted by various states, and by state motor vehicle laws. In a typical personal property transaction, in the event that the debtor fails to pay, the creditor may peacefully repossess the collateral, and sell the collateral at a public or private sale following reasonable guidelines. The proceeds of the sale are then applied to the debt, and the reasonable recovery and legal expenses. If the proceeds exceed the debt and permitted charges, the balance would be paid to the debtor.
Special rules apply, and vary by state.
Recording of Liens Form filing and document retrieval are important aspects of secured transactions. The recording of such documents may determine whether a transaction is secured or not secured. Many good resources are available for state rules on the internet. Keep in mind that the Uniform Commercial Code is not exactly uniform. You must actually look at the laws passed by the individual states.