Presentation on theme: "33—1 Legal Protection of Creditors Pages 593-596."— Presentation transcript:
33—1 Legal Protection of Creditors Pages 593-596
Laws That Protect Creditors Primary concern of a typical creditor is that the loan be paid promptly when due. Secure debts- personal property or real property are common ways the law allows creditors to protect themselves (sell or process) Pledges- Have procession of the property until the debt is paid (stocks) Pawn- Collateral for this type of pledge (jewelry, camera, musical instrument)- pawn ticket
Involuntary Liens Lien- a claim, encumbrance, or charge against property that give the creditor the right, in case of default on a payment that is due, to sell the property and to use the proceeds from the sale to pay the dept. Mechanic’s Lien- allows a person who had not been paid for labor or materials furnished to build a home, building or other real property improvement to file a legal claim against the property. If the debt is not paid, the realty may be sold Artisan’s Lien- allows persons who have not been paid for service, such as repairing a car or watch to retain possession of the serviced items until the service charges are paid.
Laws Involving Third Parties Suretyship – Creditor who wishes assurance beyond the debtor’s promise to pay may demand that a creditworthy third party assumes the liability. A contractual relation in which a third party agrees to be primarily liable for the debt or obligation if payment or performance becomes overdue. Three parties are involved: PRINCIPAL DEBTOR CREDITOR SURETY- 3rd party promises to be liable for debt Guarnety- Protects the creditor-guarantor agrees to pay if the principal debtor fails to do so. The guarantor is only secondarily liable. Laws Concerning Unsecured Debts Unsecured Debts-debt based only on the oral or written promise of the debtor. Must sue the debtor for breach of contract. Laws Allowing Garnishment of Wages Once a creditor's claim is shown to be legally valid and fair in a court hearing the creditor may receive a portion of the debtors wages directly from the debtors employer- 25% of take home pay- Consumer Credit Protection Act