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farms, etc.
Chapter 13: A type of consumer bankruptcy filing that allows
the consumer to pay off creditors within a specific time
period, no longer than five years. Also referred to as a
"wage eamer" plan.
Chapter 20: Ploy used by some bankruptcy attorneys to delay
a foreclosure of real property by filing a Chapter 13
petition, then quickly converting the filing to a Chapter
7.
Charge-off: A creditors action taken on an uncollectible
account. Alternative term used: Written Off To Bad Debt
Expense. This action normally results in negative
information lines on a credit report that can stay for at
least 7 years. (Also see uncollectible)
Class-action lawsuit: A legal action initiated by 3 or more
parties against a defendant. Many suits in this category
are initiated by state or federal attorneys.
Coercion: Exercising force to obtain compliance. A favorite
technique employed by debt collectors and attorneys
representing creditors.
Commission: A sum or percentage paid to a person for his
successful completion of services.
Consumer Credit Counseling Service (CCCS): A nonprofit
organization that sells itself to the American public as the
last hope for consumers buried in debt. The reality is that
they are actually debt collectors for the original
creditors, a fact that seems to be routinely shuffled aside
and not disclosed to the consumer.
Consumer literacy test: A test proposed by the author to be
given to high school students to determine competency in
basic consumer skills. These skills include how to open
checking and savings accounts, how to balance a checkbook,
how to create/follow a budget, how credit cards work, a
brief understanding of insurance, etc.
Contingency basis: A fee paid to a third party for their
involvement in either a legal proceeding or debt collection.
This fee is normally paid only when a successful outcome to
a legal proceeding or debt has been collected, either in
part or in full.
Credit grantor: Companies or individuals that extend
financing to consumers. A credit grantor can be a mortgage
company willing to finance a house, a bank willing to
finance an automobile, or a major national credit grantor
willing to extend credit through the issuance of a charge
card such as Visa, MasterCard or Discover.
Credit manager: Individual that oversees the lending
department in a bank, department store or other
credit-granting entity. Many times this individual will
work closely with the collections manager to develop
collections strategies for past due/bad debts.
Credit record: National grading system filed by subject's
name, birth date and social security number. Major
companies providing these services include TRW, TransUnion
and Equifax.
Credit repair manual: Derogatory term used by the credit
reporting industry for any books that may show consumers the
inside information about their industry.
Criss-cross: A directory, also known as a City Directory,
that is frequently used by the debt collection community to
find out information about a debtor's neighbors. One
section lists households and businesses by street address;
another lists all telephone numbers by exchange (in
numerical order) and to whom each number is assigned. A
powerful tool of information intimidation utilized to put
fear into unwitting consumers.
Databases: Term used to describe the enormous pools of
information managed by computers. Creditors and debt
collectors will access national credit databases managed by
companies like TRW, CSC/Equifax, TransUnion, etc.
Debtors' havens: Term that refers to states such as Texas
and Florida which have liberal laws protecting debtors from
creditors.
Deceptive forms: Another trick of the debt collector trade,
these forms can take on a variety of intimidating looks-from
threatening (but non-binding) documents that appear to have
been issued by a court of law to demand letters that look
like something issued by the IRS. Of course they're illegal
... you don't think that will stop the debt collectors from
using them, do you?
Deed in lieu of foreclosure: Technique used with mixed
results by consumers unable to continue making payments on
their homes. Sometimes lenders will allow debtors to deed
the property back to the lender instead of suffering through
the embarrassment of a foreclosure sale on the courthouse
steps.
Deep discount: When a creditor sells Accounts Receivable or
Bad Debts at an amount normally less than 50% of the
outstanding balance.- Many times these sales are made to
companies that specialize in buying these types of "dead
assets."
Defaulted student loans: Loan made to students to attend
secondary educational institutions at low interest rates.
These loans were guaranteed by the federal government as an
inducement to banks to make these loans but as a result,
were poorly researched before being made. Over $13 billion
of these loans exist and are now owned by the U.S.
government. Revised laws now enable consumers to
restructure these loans. Contact the Department of
Education in Washington, DC.
Deferment: Contractually agreed-to period of time a borrower
is allowed to suspend payment on a debt. Usually applies to
student loans and suspends the accrual of interest or late
fees on the outstanding loan balance.
Deposition: Sworn statement made in the presence of a court
reporter (usually) as a result of questions posed by
attorneys in court (or post judgment) action. These
statements are normally made outside a court of law, but are
fully admissible during trial and fully binding under
perjury statutes.
Discharged: To relieve of obligation, responsibility, etc.
Common term used in bankruptcy court to describe the process
of eliminating debtor obligations.
Discounts: Selling Accounts Receivable or Bad Debts at an
amount normally in excess of 5 1 % of the outstanding
balance. Many times these sales are made to companies that
specialize in buying these types of "dead assets."
Dispossession of property: Taking away property against the
owner's wishes, normally as a result of non-payment.
Erroneous information: False, misleading or incorrect data.
Frequently found in consumer medical or credit files across
America.
Exempt assets: Assets not at risk of being seized or
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