Translation:Shulchan Aruch/Choshen Mishpat/106

Paragraph 1- If a lender comes to collect with a verified document, not in the presence of the borrower, and the court is able to send for the borrower and inform him, they would send for the borrower and inform him if he is close enough for the messenger to go and return with 30 days. The lender will pay the costs of the messenger and he will collect such costs in addition the debt. If it is a place where the messenger cannot go and return within 30 days, we would collect the debt immediately once the lender swears. He can collect from both real property and moveable items. We are not concerned with the possibility the borrower has a receipt. If the document contains an explicit believability clause that he can collect outside the borrower’s presence or if it contains a believability clause on the borrower and anyone that comes from the borrower, the lender would not have to swear. There are those that say that the lender can only collect from the borrower himself outside the presence of the borrower, but not from the borrower’s inheritors. Rather, he must go the inheritors. See above 73:10 and 14:1.

Paragraph 2- A lender must bring three proofs to court before he can collect outside the borrower’s presence. The first proof is a verification of the document in his possession. The second is that his debtor is in another country that is farther than 30 days for the messenger to go and return. The third is that these properties belong to such borrower.

Paragraph 3- When one comes to collect outside the presence of the borrower, just like the court has the authority to collect from his properties outside his presence, so too are they able to take real property as collateral for his debt, which is more ideal for the borrower.