Guide to Credit and Collection Law, 2nd Edition

Overview

Now you can raise your collection rates and reduce your cost. Credit and collection managers may be well-versed in the procedures they can use in the extension of credit and the acceptable practices for collection debts. But when it comes to whether something is legal or not, they may need further information. This valuable resource provides that information. With this practical guide you can squeeze the most out of your collection efforts - while avoiding costly legal mistakes!...

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Overview

Now you can raise your collection rates and reduce your cost. Credit and collection managers may be well-versed in the procedures they can use in the extension of credit and the acceptable practices for collection debts. But when it comes to whether something is legal or not, they may need further information. This valuable resource provides that information. With this practical guide you can squeeze the most out of your collection efforts - while avoiding costly legal mistakes!

Read More Show Less

Product Details

  • ISBN-13: 9780735535237
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 5/28/2002
  • Edition description: Second Edition
  • Edition number: 2
  • Pages: 802
  • Product dimensions: 7.10 (w) x 9.54 (h) x 1.67 (d)

Table of Contents

Chapter 1 An Explanation of Legal Terminology in a Collection Case 1
Jurisdiction of the Court 2
Selection of Jurisdiction 2
Long-Arm Jurisdiction 4
Pre-Judgment Attachment 4
Proper Name of Defendant 4
Commencing a Suit 6
Summons 6
Complaint 6
Service of Papers 6
Service of Summons and Complaint 7
Service on a Corporation 7
Service on a Partnership 8
Defective Service 8
Answers or Demurrers 8
Collateral Estoppel 9
Counterclaim 9
Response or Reply to Counterclaim 9
Cross-Claim 10
Compulsory Arbitration 10
Discovery Proceedings 10
Demand for a Bill of Particulars 11
Interrogatories 11
Depositions of Parties and Witnesses 11
Production of Documents 11
Notice to Admit 12
Adjournments 12
Motions and Applications 12
Order to Show Cause 13
Summary Judgment 13
Order 14
Stipulations 14
Conference 15
Settlement Negotiations 15
Stipulation of Settlement 17
Settlement Agreement 17
Court Procedures 20
Lost and Destroyed Documents 20
Trial Preparation 23
Trial 23
Judgment 24
Vacating a Default Judgment 24
Foreign Judgments 25
Enforcement of a Foreign Judgment 26
Uniform Enforcement of Foreign Judgments Act 26
Exemplified Judgment/Triple Seal Judgment/Certified Copy of Judgement 28
Rooker/Feldman Doctrine 28
Confession of Judgment 29
Satisfaction of Judgment 30
Damages 30
Statute of Limitations 31
Enforcement and Collection of a Judgment 32
Transcript of Judgment 32
Garnishment of Wages 32
Garnishment/Execution of Personal Property (Writs of Execution) 33
Information Subpoenas 35
Subpoenas 35
Subpoenas-Disclosure of Client's Address 35
Contempt Orders 36
Freedom of Information 36
Skiptracing 37
Order to Compel Payment 37
Arbitration 37
General Release 38
Subordination Agreement 40
Suretyship 40
Parole Evidence Rule 41
When Does the Parole Evidence Apply? 41
Four Corners Rule 41
Any Relevant Evidence Test 42
Collateral Contract Rule 42
The Modern Test 42
UCC Test 42
Preparing for Trial-As a Witness What Should I Do? 43
Guidelines for Testimony at Deposition 45
Guidelines for Testimony at Trial 46
Demeanor 47
Testimony-Suggestions 48
Conduct 48
Fatigue 48
Down the Garden Path 49
Special Testimony 50
Telephone Conversations 50
Mailing a Letter 51
Conclusion 51
Hell or High Water Clause 51
Chapter 2 Legal Concepts of Business 1
An Individual in Business 1
Partnership 2
Corporation 3
Liabilities of Stockholders, Directors and Officers 4
Limited Liability Company 5
Business Trust 6
Relying on Apparent Authority 6
Principal-Agent Relationship 8
Contracts 9
An Offer and Acceptance 10
Agreeing on Material Terms 10
Consideration and Payment 10
Mistakes in Contract 11
Notification of Assignment of Debt 12
Statute of Frauds 13
Article 2 15
Offers and Acceptance 15
Offers and Acceptance Do Not Agree 15
Offers and Acceptance-Click-Wrap and Shrink-Wrap 17
Offers and Acceptance-Merchants 17
Good Faith Contract 19
Waiver 20
Waiver-Late Payments 21
Usury 22
Exculpatory Clause 23
Liquidated Damage Clause 23
Bailments 24
Consignment 25
Consignment and Creditors 26
United States Warehouse Act 28
Establishing a Power of Attorney 29
General Intangibles 29
The Uniform Commercial Code 30
Uniform Commercial Code-Revised Article 1 31
Uniform Customs and Practices for Documentary Credits (UCP) 32
Background 32
Publications 32
UCP-Update to UCP 500 plus eUCP 34
Letter of Credit 34
Types of Letters of Credit-Commercial and Standby 36
Letter of Credit-Red Clause 38
Letter of Credit-Silent Confirmation 38
Letter of Credit-Discrepancies 39
Letter of Credit-Waiver of Discrepancies 40
Letter of Credit-Confirming Bank 42
Letter of Credit-Third-Party Beneficiary 42
Letter of Credit-Bankruptcy 42
Letter of Credit-Evergreen Clause 43
Bill of Lading 44
Freight Forwarder-NVOCC 44
Lender's Liability 45
Deepening Insolvency 46
Appendix I Article 2 of the Uniform Commercial Code as Adopted in California 48
Appendix II Letters of Credit-Illinois 85
Appendix III Statute of Fraud-California UCC Sections 2201-2210 95
Appendix IV Documents of Title-Florida-Uniform Commercial Code: Chapter 677 100
Appendix V Article 1 of the Uniform Commercial Code as Adopted in Texas 122
Chapter 3 Legal Remedies for Business Creditors 1
Credit Application-Use for Collection 1
Credit Application-Identification of Borrower 2
Credit Application-References 3
Credit Application-Financial Information 4
Use in Bankruptcy 5
Invasion of Privacy 5
Mortgages and Financing Statement 5
Assignment for the Benefit of Creditors 6
Attachment 9
General Attachment Statutes 9
Limited Attachment Statutes 9
Collateral Mortgage 10
Bulk Sales 11
Sale of Debtor's Assets 13
Execution 13
Levy 13
Notice of Sale 14
Friendly Purchaser 14
Sale of Assets by Lender 14
New Owner 16
Receivership 18
Risk of Loss 19
Surety-Construction Contracts 20
Notice of Defect 21
Creditors of a Bailee 22
Reclamation-Discovery of Buyer's Insolvency 23
Goods in Transit 24
Mechanic's Lien 25
Mechanic's Lien-Bond 26
Mechanic's Lien-Hazardous Waste Removal 26
Mechanic's Lien-Improvement of Property 27
Garage Keeper's Lien 28
Warehouse Lien 29
Financial Lease-Reasonable Time to Test Technology 31
Financing by Affiliated Company 33
Piercing the Corporate Veil 34
Piercing-Corporate Requirements 34
Piercing-Liability 35
Piercing-Criteria 35
Piercing-Subsidiary 37
De Facto Merger 38
Uniform Fraudulent Transfer Act 39
Liquor Licenses 41
Corporate Signature 42
Tortuous Interference 42
Unjust Enrichment 43
Escrow Funds Held by an Attorney 43
Prior Liens-Diligent Inquiry 44
Duty to REad 44
Duty to Read-Fraud 45
Duty to Read-Business 46
Discretionary Trusts 46
Appendix I Bulk Sales-Uniform Commercial Code Sections 6101-6111-California 48
Appendix II Uniform Fraudulent Transfer Act-Documents of Title-Warehouse Liens-Bill of Lading-Florida 62
Appendix III Additional Terms in Acceptance or Confirmation-Uniform Commercial Code Section 2-207 70
Appendix IV Seller's Remedy on Discovery of Buyer's Insolvency-New York 71
Appendix V Garage Keeper's Lien-Massachusetts 72
Appendix VI Assignment for Benefit of Creditors-Tennessee 74
Appendix VII Mechanic's Lien Law-Texas 78
Chapter 4 Legal Issues of Consumers 1
Exemptions 1
Federal Exemptions 3
State Exemptions 3
Homestead Exemption 6
Real Property Lien 6
Florida Exemptions 6
Credit Practices Act 8
Confession of Judgment 9
Waiver of Exemption 9
Assignment of Wages 9
Security Agreement-Household Goods 9
Co-Signer 10
Late Fees 10
Garnishment and Homestead Exemption 10
Direct Deposit and Garnishment 11
Welfare Recipients 12
Social Security 12
Responsibility of Parents 13
Husbands and Wives-Necessities 15
Jointly Held Property 16
Community Property 18
Divorces 19
Deceased Persons 20
Uniform Probate Code 22
Credit Card Orders-Fraud 24
Merchant Agreement 27
Charge Backs 27
Soldiers and Sailors Civil Relief Act 28
Servicemenbers Civil Relief Act of 2003 (SCRA) 28
Federal Garnishment 30
Rent-To-Own Transactions 31
Gambling Debts 31
Totten Trust 32
Use of Credit Card by Collection Agencies 33
Witness Protection Program 34
Arbitration 35
Arbitration Agreement-Strict Interpretation 36
Arbitration-Prohibition Against Review 37
Arbitration Clause-Material Alteration 37
Arbitration-Waiver by Litigation 37
Arbitration-By Agreement 37
Arbitration-Class Actions 39
Arbitration Clauses-Drafting 40
Arbitration-Insert Notices 41
Arbitration-Punitive Damages 43
Arbitration-Review of Arbitrator 43
Federal Arbitration Act-Vacation of Award 44
Arbitration-Manifest Disregard 45
Arbitration-Removal of Arbitrator 46
Arbitration-Arbitrability 46
Arbitration-Recent Law 47
Additional Charges-Uniform Consumer Credit Code 47
Predictive Dialers-Abandonment 47
Pre-Approved Credit Card 48
Obligation of Hospital to Bill 48
Payday Lending 49
Cancellation of Debt-Form 1099-C 49
Free Credit Reports 49
Appendix I Commercial Arbitration Rules of the American Arbitration Association 50
Appendix II Debt Elimination Scam 79
Appendix III Excerpts from the Servicemembers Civil Relief Act of 2003 81
Appendix IV Homestead Exemptions-Florida 98
Appendix V Identity Theft Statutes by State 99
Appendix VI Credit Practices Amendment 104
Appendix VII Statutes of Limitations-Prepared by ACA International's Compliance Division 108
Chapter 5 Bankruptcy 1
Who May File 1
Core Proceedings 2
Voluntary Petition 2
Involuntary Petition 2
U.S. Trustee
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