Questions tagged [debt]
Liability or obligation to pay or render something to another
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Does redundant first party consideration nullify a contract?
Alice is saddled by many tens of thousands of debt to her bank. She is mostly overwhelmed by this and scarcely makes any effort to repay it for a decade, it being hardly within her ability to anyway. ...
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Such a thing as a bankrupt law
The early 20th century folk song "On the Trail of the Buffalo" tells the story of some cowboys employed by a drover to run buffalo. In Woody Guthrie's 1945 version (video / lyrics) we have ...
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Can I set a fee for using my web site, and later collect it?
If I set terms of service for my web site, visitors to my web site agree to them when they use my web site (beyond, presumably, the usage technically required to obtain the text of the terms).
It is ...
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Am I responsible for an old line of credit if I am the administrator on a property sale? [closed]
I received a letter yesterday regarding my parent's property that was sold 2 years ago. I am the administrator for the estate and the sale of the property and I am being asked to pay $5868.09, toward ...
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Release my children from my debts at the time of my death [closed]
Upon my death how do I physically write the actual release of debt without an attorney, so my children are not held responsible for my debts.
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Is there an inherent legal obligation to repay a guarantor?
So as I understand a guarantor is liable to pay rent arrears if the tenant is unable, unwilling, or just doesn't pay.
I am wondering if such an occasion arose and the landlord contacted the guarantor ...
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Can you be arrested for not paying a vendor like a taxi driver or gas station?
I have read conflicting information about police in the United States arresting people for not paying a bill from a retail vendor, like a taxi driver, auto mechanic or restaurant.
On one hand my ...
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How is the 14th amendment relevant to the debt ceiling?
My understanding is:
The 14th amendment says that any debt the United States has taken on must be honored.
Previous legislation by Congress prohibits the government from borrowing more than a ...
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Usury---What Constitutes It in the United States?
Some years ago, I recall a professor who announced that (in the United States) charging someone an annual interest rate of 24% or more was considered usury.
The other day, someone I know in the United ...
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Spouse responsibly for deceased wife [duplicate]
My wife recently passed in our home in Kansas. Am I responsible for her own medical bills and her own credit card debt
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Requirement to sign debt acknowledgement with date and amount in blank, to be filled later
Question
Are there other countries than Chile where private institutions and government alike require people to sign a debt acknowledgement with date and amount in blank (sometimes validated at the ...
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Debtor owes me, trying to figure out how to freeze RBC account
Through the summer, I picked up a client on a contract basis for whom I completed about 3 months of work. I had every reason to believe they would come good in terms of paying me, as the owners of the ...
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If a creditor refuses to accept payment for a debt, is the debt extinguished?
JURISDICTION: New Hampshire, United States
If a creditor refuses to accept payment for a debt, is the debt extinguished?
I know this sounds bizarre, but some companies are no longer accepting payment ...
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What are the general rights people have in developed countries regarding debt repayment?
If you have some kind of official debt I believe it usually goes to a collection agency.
I was curious if there are general principles or rights on an international level about the extent to which you ...
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Can a Housesitter allow a bailiff entry to a property?
This question fairly closely relates to the below linked question, but does differ in it’s question.
Legal standing as a house-sitter during a bailiff visit
Suppose a high court writ has been received ...
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Is there a legal procedure in debt collection?
A company sells your data to a debt collection agency without proven attempts to collect payments from you for years.
A law firm sends you a letter of demand when they have not attempted to contact ...
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What does it mean when an obligation is 'waived'?
A while ago, I received a LOD (Letter of Demand) for an amount of $380 with ABC-CO. I signed up for a service with ABC-CO 10 years ago and terminated the service 5 years ago. I have not received any ...
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Can a defaulted debt negatively affect one's credit without being affirmed by a court judgment?
If so, then how? Can creditors report defaults directly to credit rating agencies? What is required for them to be believed if they don't have a CCJ to back them?
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What is the jurisdiction for an ordinary suit for an unpaid business debt, the creditor or debtor state?
For an ordinary unpaid business debt, what is the normal jurisdiction, the state where the creditor is located or the state where the customer is located?
For example, suppose I have a business in ...
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Can the fact that debt is being collected be disclosed under Australian Consumer Law and Fair Trading Act 2012 section 45(j)
The Act states:
"disclosing or threatening to disclose debt
information, without the consent of the
debtor, to any other person who does not
have a clear and legitimate interest in the
...
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What are the implications for a debtor of an unauthorised collection agency being hired to pursue them?
Meet Bob. Bob owes Alice money. Alice hires ACME debt collectors Inc. To pursue Bob for his debt to her. Bob receives letters from Acme and checks on the register of the FCA to find they are not ...
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What are the implications of a debt collection company not being registered in England?
It has been said that a debt management company in England must be registered as such in England. What are the implications of one operating despite apparently being registered in Ireland? And how can ...
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If you marry someone with student debt, does half it become your debt?
So if you divorce, you would own half of their debt?
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In a state with the common law definition of theft, can you force a store to take cash by "pretending" to steal?
If I understand correctly, (a) under common law, theft requires an intent to permanently deprive the owner, and (b) legal tender only applies to debts, not purchases. B is the reason why stores do not ...
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Legal tender: using commemorative coins to pay off debt
This question is somewhat related to: Paying debts in cash in a petty way
The Royal Mint issues commemorative coins. For example, they issued £20 coins (made out of silver) but usually shops and banks ...
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Roommate isnt paying her half of the utilities, can I sue her? [duplicate]
So my roommate, her kids, myself, my mother (who is visiting lt) and my dog live in a duplex and we each pay rent, separatly, to the landlord. The utilities are all in my name except the wifi; that's ...
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Can strategic bankruptcy be used against investors?
Can bankruptcy be used as strategy to avoid paying back investors? Are there examples of such behavior?
What are the mechanisms in place in US law to prevent people from creating a company to attract ...
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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Can you keep money that was refunded in error?
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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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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If our nation takes on debt now that will have to be paid by gen z later isn't that taxation without representation?
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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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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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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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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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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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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