Question : A non-adversarial collection method would be : 2162325

MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.

41) The judgment debtor is:

A) The loser at trial but not owed any money award

B) The winner at trial but not owed any money award

C) The loser at trial that owes damages to the opposing party

D) The winner at trial owed damages from the opposing party

42) The judgment creditor is:

A) The loser at trial that owes money to the opposing party

B) The victor at trial that is owed money from the opposing party

C) The court of record that will hold any money owed to any party following a civil trial; similar to an escrow account

D) None of the above

43) A judgment is:

A) The official decision of the court setting forth the rights and obligations of the parties

B) A statement of debt from personal creditors

C) A biblical decision

D) None of the above

44) A satisfaction is:

A) A court document to initiate the attainment of payment from a debtor

B) A court document to state the existence of a judgment creditor

C) A document filed with the clerk of court to mark a judgment as being paid

D) A court document to state the existence of a judgment debtor

45) The full faith and credit clause:

A) Is a provision of the U.S. Constitution, which requires courts to honor foreign jurisdictions' rulings

B) Is not a relevant provision in civil actions

C) Is a provision of the U.S. Constitution, which requires the individual states to honor the judgments entered in other state and federal courts

D) None of the above

46) A foreign judgment is:

A) Any judgment entered in a court other than a particular state's court

B) A decision from a foreign country that is relevant to a U.S. jurisdiction

C) Not relevant in the United States

D) All of the above

47) An execution is:

A) A process whereby the assets of the judgment debtor are collected by the sheriff, sold, and the proceeds used to pay the judgment

B) A process where a court levies a dollar number on a judgment debtor

C) A process where a court begins the process of assisting a judgment creditor

D) None of the above

48) Exempt property is:

A) Property that is attainable by a creditor regardless of the circumstances

B) Property of the judgment debtor that is set aside for personal use and is not available for execution

C) Property that is already accounted for by creditors in another civil judgment and therefore is not available for attachment

D) None of the above

49) A judgment-proof debtor:

A) Is a debtor with many liquid assets to pay a creditor

B) Is a debtor without any legitimate civil judgments levied against it

C) Is a debtor without insurance, cash, assets, or other means of paying a judgment

D) None of the above

50) A non-adversarial collection method would be:

A) Garnishment

B) Levy

C) Collection letter

D) Replevin

51) All the following are forms of bankruptcy except:

A) Chapter 11 - business reorganization

B) Chapter 13 - individual reorganization

C) Chapter 3 - nonprofit liquidations

D) Chapter 7 - individual liquidation

52) All of the following are examples of debt that would be governed by the Fair Debt Collection Practices Act except:

A) Hospital expenses

B) A car loan

C) Business travel expenses

D) A purchase money mortgage on a family residence

53) Although it is may not advisable to proceed against a judgment-proof defendant, all of the following are measures that can be taken to collect with the exception of:

A) Lodging a judgment in his or her state court and revive it as necessary

B) Threatening the debtor's family

C) Searching property records and other Internet resources from time to time

D) Being patient

54) In order to bring an adversarial collection proceeding in a sister state court, a court will have any of the following except:

A) In personam jurisdiction

B) Subject matter jurisdiction

C) Federal jurisdiction

D) In rem jurisdiction

55) Once filed, there will be a short interlocutory period on a judgment in order to allow the debtor to file any of the following except:

A) A petition to vacate

B) A motion to stay the judgment

C) A motion to hide assets

D) A petition to open the judgment

56) The judgment creditor may have to issue ________, or questions to banks and other financial institutions, in order to locate assets.

A) Attachment inquiries

B) Exemption orders

C) Interrogatories in aid of execution

D) Petitions for information

57) Patience of a judgment creditor will be rewarded because:

A) When judgments remain unpaid, post judgment interest accrues until the judgment is paid

B) When judgments remain unpaid, the judgment debtor will lose his job.

C) When judgments remain unpaid, the judgment debtor will go to jail

D) When judgments remain unpaid for longer than 10 years, they automatically double in value

58) When preparing a statement of the amount owed, all of the following should be included except:

A) Post-payment penalties

B) Court costs for the additional filing

C) The amount of judgment

D) Post judgment interest

59) The Fair Debt Collections Act:

A) Requires all communications with debtors be in writing

B) Permits the creditor to challenge the validity of the debt

C) Limits the time and manner of contacting the debtors

D) All of the above

60) Even where a bankruptcy petition has been filed, a creditor may pursue collections efforts where:

A) The debt is dischargeable

B) The debt is non-dischargeable and the automatic stay is lifted

C) The debt is dischargeable and the automatic stay is lifted

D) The debt is non-dischargeable