Which action requires the consent of the debtor in a non-bankruptcy scenario?

Study for the CLEP Business Law Test. Engage with flashcards and multiple choice questions, each question has hints and explanations. Prepare effectively for your exam!

The action that requires the consent of the debtor in a non-bankruptcy scenario is the assignment for the benefit of creditors. This process involves a debtor voluntarily transferring their assets to a trustee or assignee, who will then sell those assets and distribute the proceeds among the creditors. It is a method that allows a debtor to settle debts without going through bankruptcy, and since it involves the debtor’s assets and financial situation, obtaining their consent is a fundamental requirement.

In contrast, the other options can occur without the explicit consent of the debtor. Garnishment of wages may be initiated through a court order to collect from the debtor's wages, and it does not require their agreement. Foreclosure on collateral also typically proceeds without the debtor's consent if the creditor has a secured interest and has followed the legal procedures for foreclosure. A writ of execution on a judgment allows a creditor to enforce a judgment by seizing the debtor’s property, which also does not require debtor consent as it involves court enforcement of an existing obligation.

Thus, the necessity for debtor consent in an assignment for the benefit of creditors distinguishes it from the other outlined actions.

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