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Questions tagged [debt]

Liability or obligation to pay or render something to another

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2 votes
2 answers
160 views

Insurance company said no money was owed and now they have changed their mind

Someone I know was told by an insurance company that since he got a new car they could not insure him because it was too old and he would need to cancel the policy. He was told multiple times on the ...
Eloise Denton's user avatar
0 votes
2 answers
265 views

If a person knows they are going to die imminently, but owe money, can they take out the remainder of their savings as transfers to heirs while alive?

EG maybe you have cancer and two days to live, could you go to the bank, withdrawal all your savings, regardless of anything you owe, and then just give them to your heirs now while still alive given ...
R-Obsessive's user avatar
  • 1,185
13 votes
4 answers
6k views

Legality of "stealing" assets from Debtors

Yesterday, I watched an episode of a TV show where debt collectors stole valuable assets because their owners didn't pay the monthly rates or when they entered bankruptcy. The show was recorded in the ...
PMF's user avatar
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0 votes
2 answers
109 views

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. ...
TylerDurden's user avatar
1 vote
1 answer
112 views

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 ...
Luke Sawczak's user avatar
1 vote
2 answers
131 views

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 ...
interfect's user avatar
  • 3,491
1 vote
1 answer
87 views

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 ...
Terry Gragg's user avatar
6 votes
8 answers
12k views

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.
Artemus hutchens's user avatar
13 votes
3 answers
2k views

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 ...
Ethan's user avatar
  • 1,778
4 votes
2 answers
3k views

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 ...
Cicero's user avatar
  • 6,920
1 vote
2 answers
199 views

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 ...
user541686's user avatar
  • 1,546
2 votes
1 answer
368 views

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 ...
DDS's user avatar
  • 1,275
-1 votes
1 answer
74 views

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
Chuck's user avatar
  • 1
1 vote
2 answers
75 views

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 ...
J..y B..y's user avatar
  • 173
1 vote
1 answer
76 views

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 ...
karancan's user avatar
  • 111
0 votes
4 answers
4k views

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 ...
Cicero's user avatar
  • 6,920
0 votes
1 answer
57 views

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 ...
Julius Hamilton's user avatar
1 vote
1 answer
104 views

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 ...
simonthumper's user avatar
1 vote
1 answer
84 views

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 ...
CheeseBeer's user avatar
2 votes
2 answers
239 views

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 ...
CheeseBeer's user avatar
0 votes
1 answer
66 views

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?
JosephCorrectEnglishPronouns's user avatar
2 votes
1 answer
52 views

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 ...
Cicero's user avatar
  • 6,920
1 vote
1 answer
58 views

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 ...
Alvina Singh's user avatar
0 votes
1 answer
64 views

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 ...
JosephCorrectEnglishPronouns's user avatar
1 vote
2 answers
88 views

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 ...
JosephCorrectEnglishPronouns's user avatar
4 votes
1 answer
354 views

If you marry someone with student debt, does half it become your debt?

So if you divorce, you would own half of their debt?
Bear Bile Farming is Torture's user avatar
22 votes
3 answers
6k views

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 ...
Someone's user avatar
  • 17k
4 votes
1 answer
2k views

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 ...
PraiseTheBaud's user avatar
0 votes
1 answer
793 views

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 ...
Bee's user avatar
  • 1
1 vote
1 answer
105 views

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 ...
jcardan's user avatar
  • 11
11 votes
3 answers
4k views

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. ...
Boshy 1984's user avatar
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 ...
Andy Campbell's user avatar
-2 votes
1 answer
407 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 ...
Cicero's user avatar
  • 6,920
12 votes
2 answers
6k views

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 ...
User65535's user avatar
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1 vote
0 answers
68 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 ...
Sam's user avatar
  • 11
2 votes
1 answer
100 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 ...
cordialitinerary's user avatar
8 votes
1 answer
943 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 ...
Ohan's user avatar
  • 777
2 votes
2 answers
109 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'...
JSJS's user avatar
  • 21
5 votes
2 answers
2k 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 ...
Richard's user avatar
  • 173
34 votes
2 answers
9k 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 ...
SegNerd's user avatar
  • 5,163
7 votes
2 answers
2k views

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 ...
JonathanReez's user avatar
  • 4,563
9 votes
2 answers
2k views

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 ...
Josh Johnson's user avatar
1 vote
1 answer
122 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 ...
George's user avatar
  • 13
1 vote
1 answer
72 views

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, ...
Sayaman's user avatar
  • 5,180
-2 votes
2 answers
90 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 ...
Jason Friedman's user avatar
8 votes
3 answers
9k views

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 ...
ScottishTapWater's user avatar
5 votes
1 answer
616 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 ...
Viktor's user avatar
  • 3,568
-2 votes
1 answer
154 views

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 ...
user875234's user avatar
1 vote
1 answer
110 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 ...
Libra's user avatar
  • 6,498
0 votes
1 answer
86 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 ...
user3146's user avatar
  • 111