Accounts
Receivable: credit extended by
any person or company to another (normally unsecured) with usual repayment
terms requiring a monthly payment to amortize the balance owed.
Amortize: To liquidate or reduce an amount owed through a
series of payments.
ANI: See
Automatic Number Identifier.
Annual Percentage Rate (APR) :
The cost of credit as a yearly rate.
Appraisal Fee: The charge for estimating the value of property offered as security.
Asset:
Property that can be used to repay debt,
such as stocks and bonds or a car.
Attorney: A legal agent authorized to appear before a court of
law as a representative of a party to a legal controversy.
Automatic
Number Identifier: The ability of
a company to identify an 800- number caller's name and address. Every time a
consumer calls one of these toll-free 800 numbers, there is a record of that
call; the debt collection community frequently uses this to locate a consumer's
home or business location after they have gone underground. (Use pay phones!)
Automated Teller Machines (ATMs) : Electronic terminals located on bank premises or
elsewhere, through which customers of financial institutions may make deposits,
withdrawals, or other transactions as they would through a bank teller.
Bad Debt
Expense: An accounting category
reserved for debts deemed uncollectible.
Balloon
Payment : A large extra payment
that may be charged at the end of a loan or lease.
Bankruptcy: A legal maneuver allowing consumers or businesses to discharge
all debts and liabilities. The actions of most debt collection agencies force
consumers into bankruptcy instead of settling outstanding accounts.
Billing
Error: Any
mistake in your monthly statement as defined by the Fair Credit Billing Act.
Blackmail: Any payment induced by or through notation, by use of
threats of injurious information or accusations. (A technique frequently used
by unethical debt collection agencies.)
Bulletproofing: Insulating yourself from financial adversaries such
as creditors, debt collectors, attorneys, etc. Simple techniques include
obtaining an unlisted phone number and post office box to more advanced
maneuvers such as use of family trusts, corporations, etc.
Business Days: Check with your institution to find out what days it counts as
business days under the Truth in Lending and Electronic Fund Transfer Acts.
Cease-Commend: Term used, by the debt collection industry to
describe the status of an account. When a consumer has cease-commend a debt
collector this means that they have invoked federal law by sending a Cease
& Desist letter via certified mail, forcing the debt collector to cease
collection activity of that account.
Certified
Mail: Specialized postal service
technique utilized to track delivery and obtain proof of delivery of letters or
packages.
Chapter
7: A consumer bankruptcy filing
that liquidates all non-exempt assets to pay off creditors.
Chapter
12: Bankruptcy filing reserved
for working ranches, 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
earner" 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 un-collectible
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 un-collectible)
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.
Collateral : Property offered to support a loan and subject to seizure if you
default.
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.
Cosigner
: Another person who signs your loan and assumes equal responsibility for it.
Credit: The right granted by a creditor to pay in the
future in order to buy or borrow in the present; a sum of money due a person or
business.
Credit Bureau: An agency that keeps your credit record.
Credit Card:
Any card, plate, or coupon book used from time to time or over and over again
to borrow money or buy goods or services on credit.
Credit History: The record of how you've borrowed and repaid debts.
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-related Insurance: Health, life, or accident insurance designed to pay
the outstanding balance of debt.
Credit Scoring System : A statistical system used to rate credit applicants
according to various characteristics relevant to creditworthiness.
Creditworthiness: Past and future ability to repay debts.
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.
Debit Card (EFT Card): A plastic
card, looks similar to a credit card, that consumers may use to make purchases,
withdrawals, or other types of electronic fund transfers.
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."
Default :
Failure to repay a loan or otherwise meet the terms of your credit agreement.
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.
Disclosures: Information that must be given to consumers about their financial
dealings.
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.
Elderly Applicant: As defined in the Equal Credit Opportunity Act, a
person 62 or older.
Electronic Fund Transfer (EFT) Systems: A variety of systems and technologies for
transferring funds electronically rather than by check.
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 forfeited as a result of legal action.
Finance Charge: The total dollar amount credit will cost.
Financial
management: Technique used to
balance income vs. expenses.
Responsible financial management usually results in an
excess of monies available. (This style of managing finances has yet to be
mastered by the United States Government.)
Flaky
loans: Questionable loans made by
banks in the 1980s such as student loans or land development loans. (see
defaulted student loans)
Fraudulent
activity: Transaction designed to
swindle consumers or creditors, normally cheating these groups out of goods,
services or assets. (see sign of the beast)
Freebie
report: A copy of your credit
report given to you at no charge for one of two reasons ... every consumer gets
a free report from TRW just for asking and every consumer gets a free copy of
their credit report if they have been declined credit.
Getting
bulletproof: The process of insulating
a person from lawsuits, garnishments, creditor intrusion and harassment.
Popularized in Texas during the late 1980s ...
now being utilized by consumers/business people in California and the East Coast.
Hired
gun: The hiring of third party
debt collectors or attorneys to emotionally pummel a consumer in hopes of
collecting an overdue account.
Hot
checks: Drafts on a bank account
that will be or have been returned by the bank for insufficient funds to pay
face amount of check issued.
IRS
refund offset program: Effort
initiated by the Department of Education to recover defaulted student loans by
seizing the tax refunds of consumers with the assistance of the Internal
Revenue Service.
Home Equity Line of Credit : A form of openend credit in which the home serves as
collateral.
Interrogatory: Sworn statement made in writing as a result of a list
of questions/inquiries by attorneys in court (or post judgment) action
Intimidation: Inspiring or inducing fear (a favorite tactic of debt
collection agencies).
Joint Account : A credit account held by two or more people so that all can use the
account and all assume legal responsibility to repay.
Knee
Breaker Collection Agency:
Generic name used to describe a collection agency that may use techniques that
are not endorsed by the American Collectors Association or deemed legal by the
federal government under the Fair Debt Collections Practices Act. (see Vito)
Late Payment: A payment made later than agreed upon in a credit contract and on
which additional charges may be imposed.
Lawyers:
(see Attorneys)
Lessee:
A person who signs a lease to get temporary use of property.
Lessor:
A company that provides temporary use of property usually in return for
periodic payment.
Leverage: A negotiating position of strength; something
creditors may have, debt collectors never have, and consumers almost always
have.
Liability on an Account: Legal responsibility to repay debt.
Mail
drops: Companies like Mailboxes,
Etc. and others who provide a valuable service to consumers wanting to distance
themselves from intrusive individuals such as debt collectors. Allows a new
mailing or street address to be instantly created by consumers trying to
insulate their lives.
Medical
bills: The number-one reason
consumers have been filing for bankruptcy, medical bills many times can be
appealed or I negotiated with the original provider. It is not uncommon to be
grossly overcharged or mis-billed for medical services, so it's important for
consumers to be aggressive when auditing these statements.
National
Foundation For Consumer Credit:
Parent organization for CCCS. (see Consumer Credit Counseling Service)
Negative
information (or remarks):
Statements or grades assigned on credit reports due to late payment,
non-payment or default on debts owed to creditors. Bankruptcies and hens also
show up under this category. Favorite point of leverage utilized by collection
agencies attempting to passively blackmail consumers.
Nine-Digit
Zip Code: Increasingly becoming a
powerful tool for skiptracing, the 9-digit zip codes allow specific location
(if a current address can be located) of a consumer, courtesy of the U.S. Post
Office. (Another compelling reason to utilize post office boxes or mail drops.)
Non-dischargeable
debt: Debt that cannot be
eliminated through bankruptcy court. Some types of IRS debt, student loans and
certain types of judgments fit into this category.
Old debt: Debt that has been charged off/written off by a
creditor, normally referred to an outside 'third party" collector. Old
debts are usually those debts/accounts that have not had charge or payment
activity for over 2 years and are the easiest to negotiate payment/removal from
credit reports with creditors.
Open
account: An account with a
creditor that is still on the books and, in the opinion of the original
creditor, collectible. These types of accounts usually are reported/updated to
the credit bureaus and report late payments. They can be the most difficult to
negotiate with a creditor.
Open-End Credit: A line of credit that may be used over and over again, including
credit cards, overdraft credit accounts, and home equity lines.
Open-End Lease: A lease which may involve a balloon payment based on the value of the property
when it is returned.
Overdraft Checking : A line of credit that allows you to write checks or
draw funds by means of an EFT card for more than your actual balance, with an
interest charge on the overdraft.
Oxymoron: A term that contradicts itself, such as "jumbo
shrimp" or "military intelligence" or "ethical debt
collector" or "reasonable legal fees."
Paid As
Agreed: Old term used on consumer
credit bureau reports to describe an account that may have been renegotiated
and/or settled for less than the full amount. Many creditors are now flagging
these notations as negatives, so it's important that your creditor agrees to
delete all information regarding a settled account, not just re-classify the
account as "paid as agreed."
Paralegal: Vague title used (and abused) by many debt collectors
to misstate level of power, prestige or might Threats of lawsuits and jail time
are frequently used by people espousing to be "paralegals".
Password: An identifying word or code that consumers may set up
with the phone company and other service providers that allows only authorized individuals
access to information concerning an account. Unprotected accounts are frequent
targets by the debt collection community in order to obtain additional
information about a consumer.
Point-of-Sale (POS) : A method by which consumers can pay for purchases by
having their
deposit accounts debited
electronically without the use of checks.
Points and Origination Fees : Points are finance charges paid at the beginning of a
mortgage in
addition to monthly interest.
One point equals one percent of the loan amount. An origination fee
covers the lender's work in
preparing your mortgage loan.
Positive
identification: A means to
identify without a doubt the identity of a consumer wishing to obtain a copy of
their credit file. A check and balance designed to keep unauthorized people
from gaining access to your information.
Postdated
check: A check with a date in the
future, a technique utilized to connate a person to make payment after the date
written on the check. (Something a consumer should never, ever give to a debt
collector.)
Profit
& Loss Statement: A valuable
accounting function that shows a reconciliation of all gross income and
expenses to offset the same, arriving at a net profit (or loss) figure.
Prospective
creditor: A credit grantor that
has not yet agreed to loan/lend monies for the purchase or a home or
automobile, or through the issuance of a credit card.
Public
records: Another terrific source
of information tapped into on a regular basis by the debt collection community,
in an attempt to gain insight into a debtor's activities or current location.
Favorite records to be studied by the debt collectors: Divorce records,
property records, tax information and motor vehicle records.
Punitive Damages : Damages awarded by a court above actual damages as
punishment for a
Red ink: Term used to describe losses sustained by any
financial entity.
When individual consumers drown in red ink they may
end up filing for bankruptcy; when the U.S. government engages in this
financial activity it holds another treasury note or bond auction.
Regulatory
agencies: Any agency empowered by
either local, state or federal authorities to enforce civil laws, such as the
Federal Trade Commission.
Reply
card tracer: Used by Postal
Service to track down return receipts that never returned to verify delivery of
parcel.
Re-prioritize: The resetting, of priorities in one's life, usually
due to a dramatic change in circumstances. Sometimes a necessary first step
toward solving one's financial problems.
Rescission : The cancellation or "unwinding" of a contract.
Return
receipts: When a letter is sent
by Certified Mail, this receipt (green card for domestic mails/pink card for
international) give the sender a record of who actually received/signed for
letter or package sent.
Revolving
charge card (or credit line):
Commonly issued by major department stores and major banks, it requires a
monthly payment sufficient to amortize the outstanding balance. Example: If
consumers pay only the minimum balance on a $10,000 credit card and do not use
the card for any additional purchases, it will take over 25 years to
amortize/pay off the debt.
Risk
free: A concept used in lending
to describe the risk vs. return of certain types of consumer/business loans.
Also refers to overdraft protection checking accounts at the House of
Representatives bank in the 1980s.
Roll
over: What many consumers do when
dealing with credit bureaus or collection agencies, giving up without a fight.
Also used to describe the apathy displayed by most Americans when asked about
their input in the law making/enforcement process or budgetary responsibility
of congress.
Scam: Fraudulent plan or scheme designed to separate a
consumer from
their money without delivering on promised goods,
services (training) or value.
Scoring
system: A tool used by
prospective lenders to grade the creditworthiness
of a potential borrower.
Secured
creditor: Creditor whose
financial position is secured by real property, such as a bank or finance
company with a lien on an automobile or a mortgage company secured by the house
they financed. hi the event of default the secured creditor can repossess or
foreclose on the property they financed, greatly reducing their chance of total
loss exposure.
Secured
credit card: A major national
credit card (normally Visa or MasterCard) that has a credit limit secured by a
cash deposit placed with the issuing bank by the cardholders A positive
recovery step for consumers who have gotten into credit problems but need a
credit card in order to get a hotel room, a rental car or other
business/travel- related activities.
Security :
Property pledged to the creditor in case of a default on a loan; see
collateral.
Security Interest : The creditor's right to take property or a portion of
property offered as security.
Service Charge: A component of some finance
charges, such as the fee for triggering an overdraft checking account into use.
Sign of
the beast: A reference to Satan
in a passage from the Revelations chapter of the Bible; also used as a
derogatory term describing debt collectors and some attorneys.
Skip and
skip-tracing: Technique used by
creditors and collection agencies to find consumers that are suddenly difficult
to locate (skips). No magic here, just instant access to enormous databases
containing a variety of information that, in most cases, will lead the debt
collectors to your new front door.
Snake
oil: A negative term used
normally by an individual to discredit another. Refers to selling or promoting
something that falsely claims inflated results or expectations. (A favorite
term of the American Collectors Association, a trade group representing debt
collectors across the U.S.)
Social
security number: A nine-digit
number issued by the Health and Human Services Administration to identify
Americans for future social security benefits. This number has evolved into the
years as a national identifier for Americans, a serial number now used for
referencing credit information files, military and school records, etc.
Telephone
recording device: A $20 device
sold by national electronic retailer Radio Shack that allows consumers to tape
telephone conversations for later review. A great equalizer when being harassed
by a debt collector who thinks he's above the law.
Tele-terrorist: Term coined by this author to describe today's debt collectors
who use the telephone or fax to threaten, intimidate or coerce consumers into
making (more) poor financial decisions.
Third-party
debt collector: Collection agency
or attorney engaged in the business of collecting debts that they did not
originate. Usually taking these accounts on a contingency basis, the majority
of these collection agencies work on a commission basis. The Fair Debt
Collection Practices Act specifically regulates the activities of this type of
collection agent.
Threats: An indication or warning of probable trouble, often
illegally used by debt collectors. (see debt collectors or Vito)
Time-Value
of money: A concept used by a
large number of groups involved in money and finance. When relating to the debt
collection business, it's an accepted fact that the longer an account goes
without payment or reduced payments, the lower the chances of collecting the
entire amount.
Trial by
fire: Term used by individuals,
often average consumers, who have acquired "street smarts" by dealing
directly with their financial problems. These individuals frequently include
graduates from the "school of hard knocks."
Un-collectible: Term used by creditors to describe an account that
has gone past a certain period of time without payment, usually at least 6-9
months.
Underground: Another term commonly used for someone who has dropped
out of sight or "skipped." Usually the result of incessant threats
and phone calls from unethical debt collectors.
Unscrupulous
tactics: Any number of techniques
used by debt collectors in order to collect money on overdue accounts from
unsuspecting consumers.
Unsecured
creditor: Creditor who has no
collateral covering their financial exposure. Almost all credit or charge cards
fit into this category. The weakest position to be in during tough financial
times, unsecured creditors are the largest employers of third-party debt
collectors.
Vito: Name used to describe any individual in the debt
collection industry who may use techniques that are not endorsed by the
American Collectors Association or deemed legal by the federal government under
the Fair Debt Collections Practices Act.
Vocational school: Non-traditional institution of higher learning designed to train
students in job skills as opposed to educational degree plans in specific areas
of study. Vocational schools can graduate students in 6- to 24-month course
studies as opposed to 48 months in traditional colleges/university programs.
This type of school is coming under increasing scrutiny by the Department of
Education.
Wage-earner plan: Alternate term used to describe a Chapter 13 bankruptcy. This
plan allows consumers to pay off creditors over a period not to exceed five years. |