Simple English definitions for legal terms
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Creditor's rights refer to what a person or company who is owed money can do to get their money back. This includes things like putting a lien on the debtor's property, taking some of their wages, and contacting them or their family. There are laws that limit what creditors can do to collect debts, and if they have to sue to get their money back, there are rules that apply. The type of debt determines what a creditor can do to get their money back. If the debt is secured, the creditor can take the item securing the debt, but if it's unsecured, they have to sue the debtor. If the debtor is in bankruptcy, there are even more rules about who gets paid and in what order.
Creditor's rights refer to what a creditor can do to get back money owed to them by a debtor. This includes:
However, there are laws that restrict the ways in which creditors may attempt to collect debts, such as the Fair Debt Collection Practices Act (FDCPA).
If a creditor sues for the return of debt, there are rules that apply, especially where there are multiple creditors. The creditor's rights to regain debt will depend on what kind of debt exists. For example:
If the debtor is under bankruptcy, the rules governing creditor's rights become more specific. Unsecured creditors rank below secured creditors in order of who gets paid.
For example, if a person owes money on their car loan, the lender has the right to repossess the car if the person fails to make payments. This is an example of a creditor's right to place a lien on a debtor's property. Another example is if a person owes money on their credit card, the credit card company may garnish their wages to collect the debt.