Questions tagged [debt]

Liability or obligation to pay or render something to another

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3 answers
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Does the USA actually have debtors prison or jail after a court order?

Okay, I know officially the answer is "no, there is no such thing as debtors jail for civil debts in the USA", however let's explore this. Suppose a person is sued by a creditor for a debt. ...
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2 votes
1 answer
83 views

What are a debtor's risks in a small claims action

Suppose that several people share an apartment in Massachusetts. Suppose that the utility bills for that appartment were in the name of one resident, A, and A collected shares of the amounts due from ...
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-2 votes
1 answer
83 views

Do lawyers send demand letters to a client who owes them money or do they just sue?

If a lawyer has a deadbeat client, do they just immediately file a complaint against them and seek judgement, or do they send a demand letter first threatening to sue them? I am not asking about when ...
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13 votes
2 answers
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Is it legal for energy companies to break into a house?

There are a couple of stories in the news about energy firms breaking into houses because of unpaid erroneous bills. The common features of relevance are: There was debate about the validity of ...
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1 vote
0 answers
41 views

Statute of limitations tolling while a California debtor is not in the state after defaulting

In layman's terms, how exactly does Section 351 of the CCP apply to a person who defaulted on a private unsecured loan or credit card, thinking on a timeline? The creditor does have the valid phone ...
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2 votes
1 answer
81 views

From a practical perspective, what is the most reliable way to make a debtor pay?

It would seem the two options to "force" a person to pay are have a judge issue a wage garnishing order for one of their employers have a judge issue a wage garnishing order against one of ...
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9 votes
1 answer
879 views

Legal standing as a house-sitter during a bailiff visit

Let's suppose someone is house-sitting for an associate, and they are away on holiday. Then some enforcement agents come to settle a debt, claiming to be entitled to seize any possessions at the ...
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2 votes
2 answers
96 views

Can I be sent to collections in this way?

I recently had ServPro come and help with some water in my basement. After the job was done, they had charged me waaay more than they should have, so I asked them to fix a few things on the bill. We'...
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5 votes
2 answers
252 views

Do I need to worry about inheriting Polish debt from a family member when based in the UK?

Apparently, under Polish law you inherit debt, however, you can choose not to accept the inheritance. "Polish inheritance law follows the rule of general succession which means that heirs are ...
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34 votes
2 answers
8k views

What happens to a country’s debt if the country ends?

Suppose a country either just calls it quits or is destroyed by war (for example, Yugoslavia or Czechoslovakia). If that country has a national debt, including both domestic and foreign lenders, what ...
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7 votes
2 answers
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How do you dispute a large bill for damages?

Suppose that a person T (for tenant) had a year ago rented an apartment that had some water damage due to a pipe bursting inside the building. There was a lot of back and forth between T and the ...
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8 votes
2 answers
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What is a misrepresentation made after a contract is signed?

Consider the following scenario: Consumer opens a credit card account with bank, signs cardmember agreement Consumer uses card regularly, pays bills Consumer calls bank and closes credit card account ...
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1 vote
1 answer
71 views

Can future debts be included in a bankruptcy petition?

I'm asking this question as a matter of law, not specific to any situation, and not as a request for advice. Can debts that you know for sure will be incurred in the month after filing (examples may ...
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1 vote
1 answer
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How do you get an interest-free conditional debt recognized?

How do you get an interest-free conditional debt recognized? Let's say I sign a contract with a relative that says upon my death, you get X amount of money if I have enough money to service that debt, ...
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-2 votes
2 answers
85 views

Can a debt discharged in a bankruptcy be assigned to a different person?

I'm in the USA. I took over an apartment lease from someone for the last 4 months of the lease, which ended in May. I've been remaining in the apartment, and have had trouble paying rent. I am now ...
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7 votes
3 answers
4k views

Potentially accidental refund - can one keep it?

If a person pays a debt due to a company, and gets a receipt showing the debt has been fully satisfied, but then that company (potentially in error) refunds the full amount without any communication ...
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5 votes
1 answer
573 views

Does a secured loan create obligations beyond the collateral assets?

Suppose that a lender lends a debtor $10000 with the collateral of 1 Bitcoin. Now, if the debtor defaults the lender can sell the collateral and recover the original debt. However, suppose the ...
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-3 votes
1 answer
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If our nation takes on debt now that will have to be paid by gen z later isn't that taxation without representation? [closed]

We have representatives but gen z does not. How is it fair to spend their money before they are even old enough to have a say? Was the idea of pushing debt onto future generations so unthinkable that ...
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1 vote
1 answer
98 views

What can be done about unlawful garnishment?

A debt collector claims that you owe a debt. You dispute the debt. The debt collector "garnishes" your debt without the requisite court order. Your employer agrees to do so, and deducts the ...
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0 votes
1 answer
79 views

Can I have a collections report removed from my credit history?

I have a collections report on my credit history. The credit card company raised the minimum payment without notifying me or raising the automatic payment I set up for the minimum amount. I hadn't ...
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  • 111
2 votes
1 answer
54 views

Does settlement of an HOA liens wipe the slate clean?

A house in Missouri was being sold and the owner wanted to negotiate a lower payment to settle the HOA liens because the buyer would not offer him enough money to cover both the HOA dues and the ...
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-1 votes
2 answers
87 views

Does Unsecured Debt Have Implicit Collateral?

I am thinking of a simple case. For example, suppose I bought a home, but there is a mortgage where the contract stipulates that if I default, the bank can seize up to 95% of the home value. This 95% ...
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22 votes
5 answers
6k views

What if you and a restaurant can't agree on who is at fault for a credit card issue?

This question established that, if a restaurant is suddenly unable to take all credit cards, and you don't have cash, then it is not a criminal matter and the debt would just be resolved through civil ...
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1 vote
1 answer
90 views

What is the process if a debt collector is unable to identify someone?

What is the process if a debt collector is unable to identify an individual of which they have purchased debt on? I am aware that many of these debt collectors often don't get much information to go ...
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2 votes
1 answer
64 views

How is interest calculated on a debt?

For the notice of payment hearing forum it has a section for "payment order" and "interest". How is interest calculated? What percent is it? What time does it start counting from, ...
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1 vote
1 answer
240 views

What is a "Notice of Right to Cure Default"?

I am in the United States of America, specifically Colorado. I have an auto-loan. I made a living by delivering Chinese food, pizzas and burritos for a company. I crashed my car and I cannot deliver ...
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2 votes
4 answers
167 views

Bob occupies Anna's parking lot. How could Anna prove it?

Anna owns a parking lot. However Bob frequently uses it as his guests' parking lot for two years. The average rental rate for a parking lot is about $40 a month, totaling about $1000 for the two years ...
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  • 135
0 votes
1 answer
138 views

Any chance of getting back money I lent?

A few years years ago I lent 50,000$ to a friend in financial trouble and we agreed he'd pay me back when he was able to (though I have no evidence of this other than the bank transaction). We had an ...
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0 votes
0 answers
47 views

Tour operator asks for undue money

Some time ago I purchased a trip from a leading tour operator in Germany (I’m resident of a close-by country). They asked me to provide them with a credit/debit card details so they can collect €1000 ...
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0 votes
1 answer
21 views

Third Party Liability for representations

(I suspect this looks a bit like a homework question. Its not. I have tried to distill the question as much as possible). I'm interested in how this would typically be answered in countries based ...
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-4 votes
1 answer
65 views

Odds of credit card debt issuer failing [closed]

Let's say I owe debt to capital one. They fail as a business and the debt passes to another bank. There is a massive banking catastrophe and most banks fail. Now, what are the odds that the debt would ...
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18 votes
5 answers
5k views

Can an estate be forced to sell real estate to cover debt if the home was bequeathed to an adult child?

My mother died in West Virginia. I am her son and the executor of her will, in which the home was bequeathed to me. The estate has insufficient funds to pay medical and other debts. Can WV probate ...
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  • 445
-4 votes
1 answer
151 views

How do courts actually verify a debt case is legitimate

Say someone forges a capital one credit card contract, says they bought the debt from Capone and sues. Will the court just assume the debt is real? Are they seriously going to call Capone and ask? ...
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0 votes
1 answer
71 views

What regulations specify the loan and what regulations specify the credit under US law?

What is a difference between loan and credit in the law system? Let's say US law. What does it mean to grant a loan, use a loan or to have a credit? What regulations describe both credit and loan?
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2 votes
1 answer
50 views

Recourse loan state and Non-Recourse loan state which one prevails?

Someone that lives in a non-recourse state buys property in a recourse state. All signatures where done by mail in their home state. Is it automatically a recourse loan since the property is located ...
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0 votes
2 answers
123 views

Is a patient legally obligated to pay for non-emergency medical services that were not requested by the patient?

Is a patient required to pay for non-emergency services they did not request from a medical provider? For example, a radiology clinic takes an x-ray and then sends it to a 3rd party radiologist for ...
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0 votes
1 answer
103 views

To what extent are a creditor's rights attenuated when debt is sold?

Sometimes a person, A, will run up debts that can't be paid. In these situations, a creditor, X, will often sell the debt to a third party, Y. My understanding is that it will be much easier for A to ...
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4 votes
3 answers
238 views

Is a debt owed by an adult who is supported by parents recoverable?

I am owed money by a 37 year old drug addict. We grew up together and I tried with his father to get him healthy. Over the years, I lent him small sums that added up over time, which we kept track ...
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2 votes
1 answer
61 views

Does fraudulent conveyance only apply to bankruptcy?

Say creditor has a judgement and before the judgment I transferred assets to someone else. Can the creditor go after the fraudulently conveyed assets? Or is that only for bankruptcy?
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2 votes
2 answers
51 views

Do federal student loans come with IRS-like arbitrary levy power?

I have a nelnet loan for 10k. If it was tax debt I understand the irs could bypass the courts, give no service and seize my bank account. Does this apply to student loans as well? Or is it limited to ...
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3 votes
2 answers
104 views

Which state's statue of limitations for debts applies, for credit card debt?

I used to live in South Carolina, USA and lost my job. As a result I defaulted on credit card debt. I have not paid anything on it for the last year and the debts were "Charged Off", and are in ...
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-1 votes
1 answer
112 views

United Utilities claim for outstanding balance with no move out date

Earlier after signing in to check my credit report, I noticed it had been dropping and discovered that there appeared to be United Utilities (UU) payments in arrears. I contacted them and have ...
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  • 99
-2 votes
1 answer
113 views

I Paid my friend's phone bill now there is a debt collector coming after me

A few months back I had purchased a phone for my friend. The agreement between us was that I would pay for one month and that would be it. The store employee assured me it would not have any recurring ...
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1 vote
2 answers
203 views

What happens to loans issued by a startup if the startup fails?

I live in the U.S. Suppose that I invest $50,000 in a startup company, signing "typical" paperwork for a 55% stake. The founder then uses the money to issue a $20,000 loan at a minimal interest rate ...
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5 votes
1 answer
403 views

Credit card debt after the death of the cardholder

Question pertains to United States: California. I am including as much information as may be pertinent. My mother died a few weeks ago. I was estranged from her as my parents divorced when I was a ...
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  • 151
0 votes
1 answer
55 views

What might be the consequences of not declaring foreign student debt when applying for a mortgage abroad?

When moving to a foreign country I know of many people who have decided not to declare their foreign (United Kingdom) student debt. What might be the consequences for doing so and how might a provider ...
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  • 101
13 votes
2 answers
5k views

Can my UK debt be collected because I have to return to US?

I am a US citizen residing on a UK work visa and due to a horrible work environment I have decided to resign. Due to the limitations of my visa I am only allowed to work for this specific company in ...
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  • 233
34 votes
7 answers
13k views

What if a restaurant suddenly cannot accept credit cards, and the customer has no cash?

If a restaurant normally accepts credit cards, and a customer eats a meal there, then tries to pay with his valid credit card, and the cashier says the credit card system is down and they can only ...
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  • 589
0 votes
3 answers
198 views

I lent someone money then they moved out of state and stopped communicating. How do I track down this individual for prosecution?

Against my better judgement I tried to help a fellow renter, my housemate, in a time of need. I had him sign a promissory note and lent him $1200 in Virginia. After the deadline passed I followed up ...
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  • 101
0 votes
1 answer
109 views

Fraud if a director lies about being unable to pay

Context: Canadian Law; contractor; fraud Would it be considered fraudulence on behalf of the director (specifically CEO) of a company if they were to lie about being unable to pay a contractor, but ...
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