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Acknowledgement of Satisfaction of Judgment
A form signed by
the judgment creditor that states that the debtor has paid the
judgment debt in full.
Allege (or
assert)
To claim or maintain
that something is true (for instance, that the debtor signed something).
Assign
To transfer a claim
from the original creditor to a debt collection agency or other party
for collection.
Bankruptcy
A federal court
process that discharges most or all of a debtor's debts in exchange for
the debtor's non - exempt property; see also wage earner plan.
Bargaining Power
Control over the
situation, sufficient to affect the results.
Barred
Prevented; for
example, a statute of limitation may bar (prevent) the filing of
an old claim.
Cancel
To back out of,
rescind, extinguish or terminate.
Charges
Any amount added
to a debt, such as interest, court costs, attorney's fees, or
collection fees.
Claim (or amount
claimed)
The amount that a
collector believes is owing.
Claim (or assert)
To demand payment of an alleged debt, or
to assert a defense to an alleged debt.
Collateral
Property given
by the debtor to the creditor to secure payment of the debt (see
secured debt).
Collection fees
Fees that a debt
collector will attempt to add to the debt to cover the expenses of
collecting it.
Collector
A business or a
person who attempts to collect a debt; may be a creditor or a
debt collection agency.
Complete defense
Where the person
against whom a claim is made has no legal obligation to pay
anything.
Consumer debt
A debt incurred by a
natural person, in a marketplace transaction, for personal, family, or
household purposes.
Contract
A legally
enforceable agreement.
Corroborating evidence
Facts or documents
that help to support a party's position in a case.
Co-signer
Someone other than the
debtor who has promised to pay the debt if the debtor does not pay it.
Court costs
Certain court related
expenses of the prevailing party, which the court may add to the debt.
Credibility
Reputation for honesty.
Credit
The right to incur a
debt, or the right to delay repayment of a debt.
Credit record
A history of
one's use and repayment of credit, including any delays in payment,
compiled by a credit reporting agency.
Credit report
A summary of a
person's credit record prepared by a credit reporting agency
and sold to prospective creditors and others.
Credit reporting
agency
A business
(sometimes called a credit bureau) that compiles and sells people's
credit reports to other businesses.
Credit standing
A person's
reputation for the payment of debts, as documented in his or her
credit record.
Creditor
A business or
individual who extends credit, or to whom a debt is owed.
Debt
A legal obligation to
pay money, often resulting from a purchase on credit or a loan of money;
generally means an obligation arising from a consumer transaction.
Debt collection
Activity that results in payment of debts.
Debt collection agency
A business that
collects debts that were originally owing to some other creditor - Also
called "debt collector".
Debt counselor
A professional person
who is an expert in personal finance and financial problem solving.
Debtor
A person who has a
legal duty to pay money to someone else.
Defame
To harm someone's
reputation.
Defense
Where all or
part of a claim is not legally enforceable (a partial defense
or complete defense).
Demand for payment
A creditor's or debt
collection agency's request for payment of an alleged debt.
Dispute
To assert that one
does not owe the amount claimed (or when used as a noun, a controversy).
Dunning letter
A letter from a
creditor or debt collection agency that demands payment of a debt.
Enforceable
Where a court
would find the claimed debt to be lawfully owed to another, and would
issue a court judgment that declares that the debtor owes it.
Evidence
An oral or written
statement, or a document, photograph or drawing (etc.), that is offered
to prove a position.
Execution
The enforcement
of a judgment by a sheriff, pursuant to a writ of
execution, against the debtor's earnings, bank account, or other
property.
Exempt
Earnings or
property that is protected by law against being seized to satisfy a
judgment.
Fraud
One example is a false
statement that is made knowingly, intended to be relied up on, and
relied upon justifiably by another, with resulting loss.
Garnishment of
earnings
A levy of
execution by a court officer on someone's earnings, a portion being
taken each pay period to pay off the judgment.
Good faith
Honestly, based on a
reasonable belief that something is authorized and legitimate.
Grace period
The number of days
after a due date within which the debtor can pay without paying a
penalty.
Indebtedness
The total of the debts
that the debtor owes.
Installment or
installment payments
Monthly or weekly
payments to a creditor or debt collector.
Interest
A charge for using or
delaying repayment of money (amount x rate x time = interest).
Judgment
A court document that
states the amount that the court has determined that a debtor owes.
Judgment creditor
A party to a
lawsuit, who was awarded a court judgment against another
party.
Judgment debt
The total amount
that will pay off the judgment, including: (a) the original debt;
(b) and
pre-judgment interest, court costs and other charges;
and (c) any interest and court costs after judgment.
Judgment debtor
A party to a
lawsuit, against whom another party was awarded a judgment.
Judgment lien
A security interest in real property which
prevents its sale until the judgment debt is paid.
Judgment - proof
Where, since the
debtor has no income or property, a court judgment is worthless.
Harass
To vex, trouble, or
annoy someone continually or chronically.
Legitimate
Lawful, authorized,
honest, genuine.
Levy of execution
Action taken by
a court officer to enforce a judgment against a debtor's
earnings, bank account or property, pursuant to a writ of execution.
Lump sum payment
Payment (usually in
full) by a single check, money order, or cash payment.
Mediate
To help the
parties to a dispute to reach a voluntary settlement of the
dispute.
Negative item
An entry in a
person's credit record (maintained by a credit reporting
agency).
Negotiate
Interact with
someone (as by talking with that person), in an attempt to reach an
agreement.
Obligation
A legal duty owed to
another person.
Original creditor
The business or person
to which the debtor first owed the debt, before the business or person
assigned it to the debt collection agency for purposes of collection.
Partial defense
Where the person
against whom a claim is made has a legal obligation to pay part
of a claim, but not all the claim.
Payout agreement
A written agreement
between a debtor or collector that expresses the promises of both of
them regarding the payment of a debt.
Preponderance of
evidence
Evidence that is at
least a bit more persuasive than the contrary evidence.
Prerequisite
A requirement that
must be met before a claim is legally owing, or before some other right
exists.
Principal amount
The amount owed,
before adding interest or other charges.
Privacy
A person's interest in
being left alone, or in not having others know things they have no right
to know.
Remedy
A legal method
of enforcing the payment of a debt, or of enforcing some other right, as
by filing a lawsuit, or by arranging for a levy of execution
to enforce the judgment of a court.
Repossess
To take
possession of property (such as a car) that secures repayment of a
secured debt that had not been paid.
Right
An interest protected
by law, such as a right to possess property, enforce a contract, recover
money, receive information, or enjoy privacy.
Right to cancel
A legal right to
back out of, rescind, extinguish, or terminate, a contract.
Secured debt
Where the debtor has
given the creditor a legal right to take certain described property of
the debtor (such as the debtor's car or home), using proper procedure,
if the secured debt is not paid.
Settlement
An agreed solution to
a problem, usually including payment of money, and release of claims.
Settlement offer
An offer to the
other party to resolve a dispute by some kind of compromise.
Sheriff
A court officer
whose job it is to enforce court judgments, as by a levy of
execution on earnings.
Standards
Rules of conduct,
often set by law -- for example, the fair debt collection practices
statutes.
Statute
A rule adopted by a
legislative body, such as a law that regulates debt collection
activities.
Statute of limitation
A statute
that limits the time within which a lawsuit can be filed to
enforce a claim.
Subprime lender
A lender who charges
very high interest rates to borrowers with poor credit.
Substantiate
To provide substantial
evidence that proves or verifies the truth of something.
Transaction
The entire
contract, including all agreements that are related to its
subject or purpose.
Unsecured debt
Where the debt
is not backed by collateral, and the creditor therefore has no
right to take the debtor's property if the debt is not paid.
Verification notice
A written
communication from a collector to a debtor that invites the debtor to
inform the collector of any defense to a claim (sometimes called
"validation notice").
Voidable
Subject to
cancellation (rescission) at the election of a party; if a contract
is "void" it is altogether invalid.
Wage earner plan
An arrangement for the
repayment of creditors under bankruptcy court protection.
Waive
To forgive
something, such as interest, court costs, part of a claim, or a
deadline for payment.
Writ of execution
A court order to the sheriff to levy execution on
the debtor's earnings and property.
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