debtor and creditor

Respectively, a person who owes a debt and a person to whom the debt is owed.

Usually the debtor has received something from the creditor, in return for which the debtor has promised to make repayment at a later time. If the debtor fails to repay by the deadline, a formal collection process may commence. It is sometimes possible to attach the debtor's property, wages, or bank account as a means of forcing payment. Imprisonment of the debtor is a practice no longer followed. See also garnishment, lien.

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law
      relationship existing between two persons in which one, the debtor, can be compelled to furnish services, money, or goods to the other, the creditor. This relationship may be created by the failure of the debtor to pay damages to the injured party or to pay a fine to the community; however, the relationship usually implies that the debtor has received something from the creditor, in return for which the debtor has promised to make repayment at a later time.

      If the debtor fails to make repayment by the deadline or within a commercially feasible time limit and if routine efforts at debt collection prove fruitless, then an attorney may commence a formal collection process. Sometimes it is possible to attach the debtor's property, wages, or bank account as a means of forcing payments (see garnishment). It is also possible to secure a lien against the debtor's property, which will permit a local official or law-enforcement officer to seize the property, sell it at public auction, and use the proceeds to discharge the debt (see liquidation). Imprisonment of the debtor is a practice no longer followed.

      The process of debt collection may be impeded by exemption laws, which provide that certain property of the debtor may not be seized and sold in order to discharge a debt. These exemptions include sums of money, life insurance, and parcels of land.

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Universalium. 2010.

Look at other dictionaries:

  • debtor and creditor relation — The relationship which exists between two persons when one of them, the debtor, owes money to the other, the creditor. Kansas City, St. L. & C. R. Co. v Alton R. Co. (CA7 Ill) 124 F2d 780. The relationship of debtor and creditor arises in tort… …   Ballentine's law dictionary

  • debtor and creditor adjustment — See balance …   Ballentine's law dictionary

  • relation of debtor and creditor — See debtor and creditor relation …   Ballentine's law dictionary

  • creditor — An obligee, a person, natural or artificial, public or private, in whose favor an obligation exists by reason of which he is or may become entitled to the payment of money, at least if the obligation is one on a liquidated demand based upon an… …   Ballentine's law dictionary

  • Debtor —    Various regulations as to the relation between debtor and creditor are laid down in the Scriptures.    1) The debtor was to deliver up as a pledge to the creditor what he could most easily dispense with (Deut. 24:10, 11).    2) A mill, or… …   Easton's Bible Dictionary

  • creditor — cred·i·tor / kre də tər, ˌtȯr/ n: a person to whom a debt is owed; esp: a person to whom money or goods are due compare debtor, obligor general creditor: a creditor who is not secured by a lien or other security interest – called also unsecured… …   Law dictionary

  • creditor — A person to whom a debt is owing by another person who is the debtor. Rooney v. Inheritance Tax Commission of Kansas, 143 Kan. 143, 53 P.2d 500, 501. One who has a right to require the fulfillment of an obligation or contract. Murphy v. Jos.… …   Black's law dictionary

  • creditor — A person to whom a debt is owing by another person who is the debtor. Rooney v. Inheritance Tax Commission of Kansas, 143 Kan. 143, 53 P.2d 500, 501. One who has a right to require the fulfillment of an obligation or contract. Murphy v. Jos.… …   Black's law dictionary

  • Debtor — A debtor is an entity that owes a debt to someone else. The entity may be an individual, a firm, a government, a company or other legal person. The counterparty is called a creditor. When the counterparts of this debt arrangement is a bank, the… …   Wikipedia

  • debtor — One who owes a debt to another who is called the creditor; one who may be compelled to pay a claim or demand; anyone liable on a claim, whether due or to become due. First Nat. Bank & Trust Co. in Macon v. Kunes, 128 Ga.App. 565, 197 S.E.2d 446,… …   Black's law dictionary

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