Michigan Collections Manager License Practice Test

What happens to any remaining proceeds after deductions are made?

1. The debtor receives them

2. They are refunded to the secured party

3. They must be retained by the state

4. They are returned to uncollected collateral

The correct answer is: The debtor receives them

When a collection process involves the sale of collateral, any remaining proceeds after necessary deductions are typically returned to the debtor. This is an important aspect of ensuring fair treatment of the debtor and maintaining legal compliance. The deductions may include costs associated with the sale, such as fees for repossession, storage, and the sale process itself. Returning the surplus proceeds to the debtor reflects the principle that the debtor should not lose more than they owe, providing protection against unjust enrichment by the creditor. This practice also upholds the accountability and transparency expected in financial transactions and collection processes. Other options do not align with standard legal practices in debt collections. For example, refunding to the secured party would imply that the creditor could benefit unduly from a sale beyond what is owed, which contradicts the fairness owed to the debtor. Retaining proceeds by the state or returning them to uncollected collateral diverts from the debtor's rights and does not recognize the contractual obligations involved. Thus, the correct answer highlights the lawful obligation to return excess funds to the debtor.