A person who works in the in-house collections department of an original creditor or a collection agency to track down debtors and get them to pay what they owe... (more...)

A person who works in the in-house collections department of an original creditor or a collection agency to track down debtors and get them to pay what they owe. Debt collectors can be relentless, often using scare tactics, humiliation and repeated phone calls to extract payments or promises to pay.

PROCEEDS FOR DAMAGED EXEMPT PROPERTY

In a bankruptcy proceeding, money collected through insurance, arbitration, mediation, settlement or a lawsuit to pay for exempt property that's no longer exemp... (more...)

In a bankruptcy proceeding, money collected through insurance, arbitration, mediation, settlement or a lawsuit to pay for exempt property that's no longer exemptible because it has been damaged or destroyed.

CREDIT COUNSELING

Counseling that explores the possibility of repaying debts outside of bankruptcy and educates the debtor about credit, budgeting, and financial management. Unde... (more...)

Counseling that explores the possibility of repaying debts outside of bankruptcy and educates the debtor about credit, budgeting, and financial management. Under the new bankruptcy law, a debtor must undergo credit counseling with an approved provider before filing for bankruptcy.

CREDITOR

A person or entity (such as a bank) to whom a debt is owed.

GUARANTOR

A person who makes a legally binding promise to either pay another person's debt or perform another person's duty if that person defaults or fails to perform. T... (more...)

A person who makes a legally binding promise to either pay another person's debt or perform another person's duty if that person defaults or fails to perform. The guarantor gives a 'guaranty,' which is an assurance that the debt or other obligation will be fulfilled.

CCCS

See Consumer Credit Counseling Service.

FDCPA

See Fair Debt Collections & Practices Act.

COLLATERAL

Property that guarantees payment of a secured debt.

TRADE NAME

The official name of a business, the one it uses on its letterhead and bank account when not dealing with consumers.

SAMPLE LEGAL CASES

Woods v. SunTrust Bank

... In November 2005, SunTrust withdrew $1,899 from the Gilchrists' checking account to offset part of the delinquent equity-line-of-credit debt. ... In the spring of 2005, SunTrust began collection efforts on the delinquent equity-line-of-credit debt. ...

FEDERAL CREDIT, INC. v. Fuller

... "Greg Fuller alleges that a letter being sent to him via his employer seeking repayment of a debt defamed him. Although indebtedness may be defamatory, the fact that he owed Federal Credit... was absolutely true. Truth is an absolute defense to defamation. ...

Hunt v. FEDERATED FINANCIAL CORPORATION OF AMERICA

... Procedural History. On June 28, 2009, FFCA, which had allegedly been assigned a credit-card debt owed by Hunt, filed a complaint alleging that Hunt owed $19,796.57 plus accrued interest on that credit-card account and seeking a judgment in that amount against Hunt. ...

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LEGAL TERMS

DEBT COLLECTOR

PROCEEDS FOR DAMAGED EXEMPT PROPERTY

CREDIT COUNSELING

CREDITOR

GUARANTOR

CCCS

FDCPA

COLLATERAL

TRADE NAME

SAMPLE LEGAL CASES

Woods v. SunTrust Bank

FEDERAL CREDIT, INC. v. Fuller

Hunt v. FEDERATED FINANCIAL CORPORATION OF AMERICA

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