Creditors’ rights include the right to be reimbursed for loans and entering a property to collect unpaid rent. “Duties” refers to the debtor’s obligations, such as paying taxes or repaying debts. Several federal and state laws may extend such responsibilities. Therefore, a lender has the authority to recover a debt but must provide the correct information to the monitoring organizations. Similarly, a debtor must return a debt but has the right to be free of telephone harassment in the collection process.
Many federal rules govern debtors’ and creditors’ rights and responsibilities. These laws date back almost as far as money and commerce, but current regulations focus on consumer protection and touch on taxes and landlord-tenant legislation.
The majority of debtor-creditor legislation is legal, state, or national. The Fair Debt Collection Tactics Act protects borrowers from unfair collection practices. Even if seldom utilized or effective, some few common law grounds of action may restrict the collecting process. They usually work where debtor or credit law meets contract and tort law.
Anyone can see why a firm losing money and suffering may resort to debt (borrowing) to exist while attempting to restore the business. People who are not involved in the “business” world, on the other hand, may wonder why a successful, well-funded company would loan or otherwise incur debt. Those who think about borrowing and lending immediately think of Shakespeare’s most well-known statement on the subject. Polonius, the father of Hamlet, gives his son the following advice:
“Neither a lender nor a provider can be both at the same time because loan often loses all itself and a buddy, moreover, borrowing takes the edge off of one’s ability to be a good spouse.”
Although Polonius was correct, borrowing and lending continue to be at the core of today’s corporate activities permanently and irreversibly. Creditors and debtors exist in the same relationship for businesses that offer products and services. At the same time, they may be creditors to consumers who have bought but have not yet paid for goods (the company’s accounts receivable), so they can be a debtor to their creditors and financial institutions.
Furthermore, in today’s financial world, business borrowing is considered to be a legitimate practice. Thus, it is not uncommon for directors to require their finance managers to borrow money to acquire assets that provide a return for their owners that outweigh the borrowing costs.