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Home  |   Information  |  Glossary of Terms
Glossary of Terms
  • Accord and Satisfaction- Both parties agree to accept a settlement agreement and the claim is satisfied and discharged.
  • Acknowledgment- Admit, affirm, or confess; a partial payment of a debt is a acknowledgment of it.
  • Action- Case or lawsuit.
  • Actionable- Sufficient legal grounds for a lawsuit.
  • Affidavit- Written statement of facts sworn to or affirmed by someone who is authorized to administer oaths.
  • Agent- Someone who is authorized to act on behalf of another.
  • Arbitration- When a dispute is submitted to a third party who will decide the award in which both parties agree in advance to comply with.
  • Assignment- Transfer of property rights to another.
  • Bankruptcy- Federal procedure in which a debtor is relieved of total liability for his/her debts by making arrangements for their partial payment.
  • Bulk Transfer / Sale- A bulk transfer or sale of all or most of the business's supplies or inventory not done in the ordinary course of business.
  • Claim- Demand or assert a right, such as the right to payment.
  • Closing Letter- Letter sent out by attorneys when a file is closed.
  • Collection Agency- Third party agency that helps creditors get paid.
  • Commission- Compensation for services in the effort of collecting a claim.
  • Cost Advance- Sum of money advanced by the creditor from which court costs are to be paid with.
  • Counterclaim- Claim by defendant opposing the claim of the plaintiff.
  • Default Judgment- A judgment awarded when the defendant refuses or fails to respond or appear.
  • Defendant- Party sued in a lawsuit.
  • Demand letter- Letter sent to the defendant to notify the debtor that the client has hired someone to collect the debt.
  • Discharge- To pay one's debts or fulfill obligations.
  • Dismissal- Termination of a case prior to a normal end.
  • Execution- To carry out an act or course to completion. A process where an official can attempt to enforce a judgment.
  • Filed Answer- In writing the debtor states he will either pay the debt or disputes it.
  • Forwarder- A third party, such as a collection agency, that acts on behalf of a creditor which refers claims to an attorney for collection.
  • Forwarding Contract- A contract between the creditor or forwarder and receiver.
  • Garnishment- Legal procedure where a creditor can collect a debt by reaching the debtor's property when it is being held by a third party, this can include taking a portion of wages.
  • Guarantee- To agree to be responsible for someone else's debt when they are unable to pay.
  • Indemnity- Restitution or reimbursement for loss, damage, or injuries.
  • Insolvency- The condition where a person is unable to pay his or her debts when they become due.
  • Joint Liability- When two or more parties are liable for a debt.
  • Judgment- Decision by a court where an official amount owed by the debtor is awarded.
  • Lien- Where the owner of property gives the right to secure a debt.
  • Negligence- Conduct that fails to match standards of behavior set by law where injury or damage can occur.
  • Plaintiff- The party that brings forward the claim in an action or proceeding.
  • Satisfaction- Discharge of an obligation when a debt is paid for.
  • Settlement- When a debtor offers a sum of money or property to settle a debt.
  • Skip- When a debtor leaves or changes all contact information and cannot be located.
  • Skiptracing- The act of locating a debtor.
  • Statute of Limitation- A law which limits how long before the right to sue is lost.
  • Writ- An order given by a court that requires something to be done or giving authority for someone to perform a specific act.