When a person or business borrows money, or purchases or leases goods on credit (without paying the full purchase price up-front), the credit extended to the borrower (1) may be secured/collateralized by money or other assets, or (2) may be unsecured. For example, if your business takes out a loan from the bank, the bank will likely require you to pledge certain assets as security or collateral for the loan—and if you default on the loan, the bank may use the legal process (attachment, repossession) to gain ownership of those pledged assets to satisfy the debt.

Other transactions in which a creditor extends credit to your business may be unsecured—such as the bank that issues your business credit card without requiring you to pledge specific assets as collateral in case you fail to make the payments. But even an unsecured creditor can file a lawsuit against you or use other means to collect the debt you agreed to repay. The law of secured transactions is generally governed by the uniform commercial code (UCC), which has been adopted and made the law in some form in most states.

In New Jersey, as in most states, the law of secured transactions is governed by the Uniform Commercial Code (UCC), specifically Article 9, which has been adopted into state law. When a business or individual borrows money or obtains goods on credit, the creditor may require collateral to secure the debt. This means that the borrower pledges assets, which could include equipment, inventory, or other property, to the lender as security for the loan. If the borrower defaults, the lender has the right to repossess or foreclose on the collateral through legal processes such as attachment or repossession to satisfy the debt. On the other hand, unsecured transactions do not involve specific collateral. Creditors of unsecured debt, such as issuers of business credit cards, do not have an immediate right to specific assets of the borrower if they default. However, unsecured creditors can still pursue legal action, such as filing a lawsuit, to collect the outstanding debt. It's important for businesses in New Jersey to understand the implications of both secured and unsecured credit transactions and to be aware of their rights and obligations under the UCC and other relevant state laws.