Legal Definitions - creditor's rights

Creditor's rights refer to what a creditor can do to get back money owed to them by a debtor. This includes:

• Placing a lien on a debtor's property
• Garnishing a debtor's wages
• Setting aside a fraudulent conveyance
• Contacting the debtor and their relatives

However, there are laws that restrict the ways in which creditors may attempt to collect debts, such as the Fair Debt Collection Practices Act (FDCPA).

If a creditor sues for the return of debt, there are rules that apply, especially where there are multiple creditors. The creditor's rights to regain debt will depend on what kind of debt exists. For example:

• If the debt was a secured debt, the creditor will be able to regain the item securing the debt, often without rights to other assets of the debtor.
• If the debt was an unsecured debt, the creditor must try to secure their repayment through suing the debtor generally.

If the debtor is under bankruptcy, the rules governing creditor's rights become more specific. Unsecured creditors rank below secured creditors in order of who gets paid.

For example, if a person owes money on their car loan, the lender has the right to repossess the car if the person fails to make payments. This is an example of a creditor's right to place a lien on a debtor's property. Another example is if a person owes money on their credit card, the credit card company may garnish their wages to collect the debt.