Negotiation & Settlement Strategies Flashcards
7 cards from real CARS practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Negotiation & Settlement Strategies flashcards as text
What does the statute of limitations mean in the context of debt collection?
Answer: The legally defined period during which a creditor can sue to collect a debt
The statute of limitations is the time period during which a creditor can file a lawsuit; once it expires, the debt becomes time-barred and legally unenforceable through litigation.
Which negotiation style emphasizes building long-term relationships and achieving mutually beneficial outcomes, commonly called 'win-win' negotiating?
Answer: Integrative negotiation
Integrative negotiation seeks outcomes that satisfy both parties' core interests, fostering cooperation and preserving long-term relationships.
In asset recovery, a 'charge-off' means that:
Answer: The creditor has written the debt off as a loss for accounting purposes
A charge-off is an accounting entry where the creditor writes the debt off as a loss; however, the debt remains legally owed and collection efforts can continue.
When a debtor informs a collector that they are represented by an attorney, what does the FDCPA require?
Answer: Direct all further communication to the attorney, not the debtor directly
Once a debtor provides notice of attorney representation, the FDCPA requires all collection communications to be directed to the attorney, protecting the debtor from direct contact.
How does a time-barred debt (past the statute of limitations) affect an asset recovery specialist's options?
Answer: The debt can still be collected voluntarily but cannot be enforced through litigation
A time-barred debt remains collectible through voluntary means such as negotiation, but the collector cannot successfully sue to compel payment after expiration.
What does a consent order typically represent in an asset recovery context?
Answer: A court-approved agreement between parties that resolves a dispute with the weight of a judgment
A consent order is a court-ratified settlement that carries the enforceability of a court judgment, making its terms binding on both parties.
What percentage range of the outstanding balance is generally considered typical for an acceptable lump-sum debt settlement?
Answer: 40–60%
Lump-sum settlements commonly range from 40–60% of the outstanding balance, though exact amounts vary based on creditor policy, debt age, and debtor financial circumstances.