nazarova_nb_korobova_ev_practice_in_legal_english

Repossession. As mentioned earlier, consumers sometimes post collateral when they take out a loan or sign credit sales contracts. The creditor can usually repossess, or take back, the collateral if the borrower defaults on the loan or obligation. Most states do not permit creditors to repossess if repossession would involve violence or a breach of the peace.

Once the collateral has been repossessed, the creditor can sell it and then apply the proceeds of the sale to the amount owed. Debtors are also charged for any costs incurred in the repossession and sale. After the sale, the debtor is entitled to get back any amount received by the seller that is in excess of the amount owed (plus expenses). However, if the sale brings in less than the amount owed (plus expenses), the debtor must still pay the difference.

Court Action. As a last resort, creditors may sue debtors in court for the exact amount owed on the debt. At times, the trouble and expense of suing in court make creditors avoid this method. However, creditors often sue debtors in small claims court.

Just because you are sued does not mean the creditor is entitled to collect the disputed amount. Consumers often have legitimate defenses, such as the fact that the goods were defective. As a result, if you ever receive a summons to go to court, don’t ignore it. If you cannot appear in court on the date set in the summons, contact the court clerk in advance to arrange for a postponement of the trial. In addition, contact a lawyer immediately. If you are unable to afford one, you may call the local legal services or legal aid office.

The main thing to avoid when being sued is a default judgment. This is a judgment entered for the plaintiff (creditor) and against the defendant (debtor). Most default judgments occur because the defendant simply fails to show up in court.

Garnishment and Attachment. A creditor who wins a court judgment against a consumer may still have trouble collecting if the consumer does not pay voluntarily. It was once common practice to have people imprisoned for not paying debts; however, this is no longer allowed.

One solution creditors use is to get a court order that forces the debtor’s employer to withhold part of the debtor’s wages and pay it directly to the creditor. This is called garnishment. The federal

Wage Garnishment Act limits the amount that can be garnished to 25% of the debtor’s take–home pay (pay after taxes and social security deductions). Persons who are employed by the federal government or who receive other federal money, such as welfare or

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unemployment compensation, cannot have their income garnished (unless the money is used to meet court–ordered child support payments). The act also prohibits employers from firing employees who have their wages garnished for a single debt. State laws may further limit and sometimes completely prohibit garnishment.

Creditors can also get possession of a debtor’s money or property by attachment. This is a court order that forces a bank to pay the creditor out of a consumer’s bank account or that allows the court to seize the consumer’s property and sell it to satisfy the debt.

Find the equivalents of the following words and expressions in the text.

Получать деньги; возвращать деньги; быть замешанным в грязные дела; вмешаться в личную жизнь; побуждать; агент по взысканию долгов; притеснение; оскорбительный телефонный звонок; контракт о сборе денег расторгнут; нарушение общественного порядка; превышать сумму долга; законная защита; юридическая консультация; заочное решение суда; истец; ответчик; наложение ареста на деньги должника, находящиеся у третьего лица; пособие по безработице; конфисковать имущество.

Answer the questions:

1.What ways of collecting money from consumers who are unwilling or unable to pay their debts do creditors have?

2.What act protects consumers from abusive and unfair collection practices by professional debt collectors? What was it prompted by?

3.Does this act apply to creditors collecting their own bills?

4.What is limited and prohibited under this act?

5.What is repossession?

6.Why should people avoid a default judgment when being sued?

7.What is the difference between garnishment and attachment?

8.Who cannot have their income garnished?

9.Why may state laws further limit and sometimes completely prohibit garnishment?

Match the words on the left with the correct definition on the right:

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Problem–solving:

The Missed Payment

Orlando buys a used car from Top Value Cars for $1,200 and signs a contract calling for monthly payments for three years. After paying – $800, he misses a payment because of large doctor bills. Leaving home one morning, he finds that the car is gone. Top Value has hired someone to repossess the car in the middle of the night.

Problem–solving:

a. Assume that Top Value sells the car for $500 and incurs expenses of $200 in the repossession and sale. Will Orlando get money back, or will he still owe money to Top Value (even though he no longer has the car)? How much is owed, and to whom?

Revision Tasks and Achievement Tests.

UNIT 1. What is Law?

1. Сomplete the sentences, using the appropriate words:

a – unwritten; b – affect; c – lawless; d – confusion and disorder; e – enforced; f – exist; d – society

1.Many definitions of law…

2.Law can be defined as the rules and regulations made and … by government.

3.The government makes laws that … almost every aspect of daily life.

4.Every … that has ever existed has recognized the need for laws.

5.Laws may be ...

6.Americans held the erroneous view that the societies were...

7.Without laws, there would be…

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2.Are the statements true (+) or false (–)? Correct the false statements.

1.There are a few definitions of law.

2.Law can be defined as the rules and regulations made by people that regulate the conduct of them within a society.

3.Laws affect almost every aspect of daily life.

4.Every society has recognized the need for laws.

5.The laws are always written.

6.Pre–industrial societies were lawless.

7.Laws are frequently fair and even good.

8.With laws confusion and disorder are impossible. Kinds of Laws

1.Сomplete the sentences, using the appropriate words:

a – felonies; b – the penalty; c – award; d – wronged or injured; e

– committed the wrong; f – a legal action; g – misdemeanors; h – term; i– everyday situations .

1.A criminal case is… brought by the government against a person charged with committing a crime.

2.Lawsuit can be brought by a person who feels … by another person.

3.Criminal offenses are divided into … and ...

4.… for a felony is a term of more than one year in prison.

5.For a misdemeanor, the penalty is a prison … of one year or less.

6.Courts may … the injured person money for the loss.

7.Civil laws regulate many ...

8.Courts may award the injured person money for the loss, or they may order the person who … to make amends in some other way.

2.Are the statements true (+) or false (–)? Correct the false statements.

1.Laws fall into three major groups.

2.Civil laws regulate public conduct and set out duties owed to society.

3.Criminal laws regulate relations between individuals or groups of individuals.

4.Criminal offenses are divided into felonies and misdemeanors.

5.Felonies are less serious crimes such as murder or robbery.

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6.Misdemeanors are more serious crimes such as assault or minor theft.

7.An example of a civil action is a lawsuit for recovery of damages suffered in an automobile accident.

8.One action can not violate civil and criminal law at the same time.

UNIT 2. Law and Values

1. Сomplete the sentences, using the appropriate words:

a – wealth; b – balance; c – illegal; d – shoplifting; e – right; f – promote; g – goals; h – society; i – wrong; j – benefits; k – reflect.

1.Laws generally reflect and …a society’s values.

2.Laws against murder … the moral belief that killing another person is wrong.

3.Not everything that is immoral is also ...

4.People expect their legal system to achieve many ...

5.Laws must …rights with responsibilities.

6.Moral values deal with fundamental questions of … and ...

7.Economic values deal with the accumulation, preservation, use, and distribution of...

8.The law encourages home ownership by giving tax … to people who borrow money to pay for a home.

9.Laws against … protect property and discourage stealing by providing a criminal penalty.

10.Social values concern issues that are important to...

2. Are the statements true (+) or false (–)? Correct the false statements.

1.Our legal system is influenced by our society’s traditional ideas of right and wrong.

2.Everything that is immoral is also illegal.

3.Lying to a friend may be illegal but is seldom immoral.

4.We expect our legal system to achieve many goals: protecting basic human rights, promoting fairness, helping resolve conflicts, promoting order and stability, representing the will of the majority, and protecting the rights of minorities.

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5.Conflicts among these goals cause many of society’s most difficult problems.

6.The law can protect the rights of some without violating the rights of others.

7.Political values concern issues that are important to society.

8.Social values can never change.

9.Few laws combine moral, economic, political, and social values.

10.Laws against theft deal with the political issue of stealing, the social issue of protection of property, the moral issue of how government punishes those who violate criminal statutes, and the economic issue of respecting the property of others.

UNIT 3. Consumer Law.

1. Сomplete the sentences, using the appropriate words: a – smart; b – protection; c – splurge; d – caveat emptor; e –

mislead; f – response; g – rights; h – agreement; i – informed; j – consumer.

1.A … is a person who buys goods and services for personal or household purposes from a seller.

2.When sellers agree to provide and consumers agree to pay for goods or services, the parties have entered into a legal ...

3.For many years, consumer law was characterized by the legal expression…

4.Consumers now have a right to be correctly … of important information.

5.Sellers must avoid sales and advertising practices that…, deceive, or are otherwise unfair to consumers.

6.The best … is still a careful purchase.

7.While consumers have many …, they also have responsibilities.

8.… consumers understand the factors that influence their shopping habits.

9.Sometimes consumers … and buy things they really don’t need.

10.Consumers often buy things in …to advertising.

2.Are the statements true (+) or false (–)? Correct the false statements.

1.A consumer is a person who buys goods and services from a seller.

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2.When sellers agree to provide and consumers agree to pay for goods or services, the parties have entered into a contract.

3.Consumers now do not have a right to be correctly informed of important information, such as quality, price and credit terms.

4.The worst protection is a careful purchase.

5.Sellers are seldom better informed about the products or services being offered.

6.Consumers have a right to be fair and honest.

7.If you fall victim to a deceptive practice, all is not lost.

8.When you can’t solve the problem yourself, the law may provide a remedy.

9.Smart consumers think about whether they need the product,

whether they can afford it, and how they can purchase it carefully. 10.Many ads provide useful information about products or announce

the start of a sale.

UNIT 4. How Laws Protect the Consumer

1. Сomplete the sentences, using the appropriate words:

а – discrimination; b – harmful; c – establishments; d – prohibit; e – access; f – remedies;

g – standards; h – enforce; i – marketplace; j – passed

1.Congress has ... many consumer protection laws.

2.They …unfair or misleading trade practices.

3.Federal laws set …for the quality, safety, and reliability of many goods and services.

4.The Consumer Product Safety Act allows the government to ban, seize, or prevent the sale of … products.

5.The federal government has established many agencies that … consumer laws and help consumers.

6.Congress passes laws and agencies issue rules to improve the operation of the …

7.A new federal law, the Americans with Disabilities Act (ADA), protects consumers against … on the basis of disability.

8.Consumers who are disabled must have equal …to goods and services.

9.The ADA covers all …that are generally open to the public.

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10.State laws give the government power not only to stop unfair and deceptive practices but also to provide consumers with a variety of...

2. Are the statements true (+) or false (–)? Correct the false statements.

1.The Federal Trade Commission (FTC) is the federal agency primarily concerned with unfair or deceptive trade practices.

2.Federal laws set standards for the quality, safety, and reliability of many goods and services. Failure to meet these standards can result in legal action against the buyer.

3.The Federal Trade Commission has the power to prohibit unfair or deceptive trade practices (such as false advertising) and can take legal action to stop such practices.

4.Consumers who are disabled may have equal access to goods and services.

5.State laws allow consumers to bring complaints into state court and before state agencies.

6.Consumers can join together to bring class actions.

7.Remedies include cease and desist orders, which are voluntary agreements to end a practice that is claimed to be illegal.

8.Consent decrees are orders to refund or repay any money illegally obtained.

9.Restitution is a remedy by which an agency can require a business to stop a forbidden practice.

10.Some countries have “truth–in–menus” laws under which if the menu reads “fresh swordfish,” the restaurant cannot serve swordfish that has been frozen.

Unit 5. What to Do Before Buying

1. Сomplete the sentences, using the appropriate words:

a – ship; b – return; c – available; d – total; e – before; f – meet; g

–differ; h – brands;

i – warranty; j – compare.

1.Careful consumers always … prices and products before buying.

2.Careful consumers purchase the product only after considering other products that could also … their needs.

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3.For major purchases, careful shoppers go to the library and read about competing … in consumer publications.

4.Once you have determined what product you need, you may discover that it is … at more than one store in your community.

5.Several kinds of policies may … among stores.

6.Check on the store’s … policy.

7.Before making a purchase, you will want to read the … carefully.

8.A warranty that requires you to … a broken product to a faraway place for repair at your expense may not be of much value to you.

9.If you are required to sign a contract as part of the purchase, be

sure that you read and understand the entire contract and that all blanks have been filled in … you sign.

10.Determine the … purchase price.

2. Are the statements true (+) or false (–)? Correct the false statements.

1.Making large purchases on impulse is wise.

2.You’d better not speak with your friends to get recommendations about products.

3.It makes good sense to buy from a store with a good reputation.

4.There may be additional charges for delivery, installation, and service for some products.

5.A price that seems higher at one store may really be lower once extra charges have been added on.

6.A very low price at a store where all sales are final may not turn out to be such a good deal if you decide that you are unhappy with the product once you have it in your home.

7.Different manufacturers and stores may provide the same warranty coverage on very different products.

8.If you have trouble understanding the contract, ask the store for permission to sign the contract.

9.Believe everything you hear from the seller.

10.Just because a seller says “This is a real bargain!” does not make it true.

UNIT 6. What to Do After Buying

1. Сomplete the sentences, using the appropriate words:

a – arose; b – refund; c – conversations; d – inspect; e – working; f – replacement; g – reputable; h – response; i – headquarters; j – cancel; k – remain; l – purchase.

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1.When you have some problems, it is important to … calm and be persistent.

2.The first thing to do after buying a product is to … it.

3.If you do not receive the exact product you purchased, take it back to the seller and ask for a … or … .

4.Misuse of a product may be dangerous and may … your legal rights.

5.… business people are interested in a customer’s future business.

6.Provide the seller with all the necessary information—identify the item, give the date and location of … , describe when and how the problem … , and explain what you want done.

7.Date the letter and include your name, address, and a phone number where you can be reached during regular … hours.

8.Keep a copy of the letter along with any … for your records.

9.Make notes about any … you had with the seller.

10.If you don’t know the address of the manufacturer or the corporate … , go to your local library and look it up in Standard and Poor’s Register of Corporations.

2. Are the statements true (+) or false (–)? Correct the false statements.

1.Even smart consumers can seldom solve their own problems.

2.If the instructions are clear or seem complete, contact the seller.

3.If you experience a problem with a product, you should always try to fix the product yourself first.

4.Most problems and misunderstandings can be cleared up with a face–to–face discussion or a telephone call.

5.You might as well bring along your sales receipt, warranty, or other pertinent information.

6.If the seller refuses to help or gives you the runaround, send a written complaint to the owner or store manager.

7.If the seller refuses to help you, consider contacting the product’s manufacturer.

UNIT 7. Consumer Protection Agencies and Organizations

1. Сomplete the sentences, using the appropriate words:

a – utilities; b – private; c – arbitration; d – binding; e – directory; f – an attorney; g – publicity; h – mediate; i – enforcement; j – associations.

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