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Questions tagged [debt]

Liability or obligation to pay or render something to another

12
votes
2answers
2k views

Student Loan from years ago pops up and is taking my salary

Summary: For decades I had my student loans paid by automated payment from my bank without a problem; just take it out of my bank and there's a small benefit in interest for it. Recently, my ...
1
vote
1answer
70 views

What's the next step if a debt collector doesn't respond to my debt dispute?

A month ago I received a debt collection letter about an alleged unpaid tax bill. I did not recognize the bill, and had definitely never heard of it before this, so I sent them a letter within a few ...
4
votes
1answer
105 views

Wet Ink Signatures

Recently I've been pondering something - when you see these videos on YouTube and various other sites of people arguing with debt collectors about warrants, one of the most common things they say is "...
6
votes
1answer
131 views

Dispute unpaid debt of a deceased family member

My elderly relative died in December 2018. Her gardener has now (January 2019) sent us an itemised invoice. The items begin in March 2018 and end in November (my relative last left the house in ...
0
votes
2answers
28 views

Cancellation of debts in different countries

In my current jurisdiction debts are "cancelled" after ten years unless the creditor has "reminded" the debtor about the debt before that ten year period. If, however, the credit sends a reminder ...
1
vote
2answers
51 views

Can I make a contract on behalf of a company before it's incorporated with myself as the liable party?

I'm starting a company and I have investors willing to lend my business partner and I some early capital, but they want a debt convertible instrument in the form of a convertible promissory note. I ...
24
votes
4answers
10k views

Is a debt canceled if the creditor refuses a settlement offer?

I've been told by several people on several occasions -- in several jurisdictions within the US -- that if you owe someone money, you can offer some stupidly low amount of cash (most versions include ...
0
votes
1answer
73 views

Is there statutory interest on an unpaid debt, or can I only recover the principal?

I made a no-interest short term loan to a family member and have documentation of the debt, and he did not pay me back in the stipulated time frame. If I take legal means to recover the money owed, ...
0
votes
3answers
128 views

Can a debt collector legally demand payment and threaten a credit score effect without validation of the debt until requested?

I live in the state of Maryland. Several years ago I went to the ER to have an injury treated. I presented my insurance at the time of the injury. About a month ago (several years after the ER visit) ...
3
votes
1answer
101 views

Do legal tender laws prevent “no cash” restaurants?

This story about restaurants that only accept electronic payment set me wondering. I know that under legal tender laws a business can set a policy on what forms of payment it will accept, but that ...
1
vote
3answers
193 views

Trump offered E. Warren $1 million - can she collect?

Trump said he would donate $1 million to Elizabeth Warren’s favorite charity if she was Cherokee. Since she has evidence for it now, can she collect? What court(s) would/could she sue in if possible/...
2
votes
2answers
128 views

What to do about evasive debt collection agency I hired

Please excuse this question if I've overlooked obvious options, but I'm not an American citizen and I live outside of the USA, so I'm not familiar with American legal system, or agencies who might be ...
0
votes
3answers
62 views

Is publication of an unpaid debt considered to be libelous?

In the United States, if a debtor is in default, is it considered libel if the creditor publishes the fact that the debtor is delinquent? My understanding is that normally truth is a perfect defense ...
0
votes
2answers
33 views

Financial Debt Transaction question, Compliance/accounting laws

I am an IT Database person at our company. Our company does not have a financial transaction interactive program for business users, to log customer debt payments or debt increases. So they are ...
1
vote
2answers
90 views

Is social security constitutionally protected public debt?

Section IV of the 14th Amendment to the US Constitution says "The validity of the public debt of the United States... shall not be questioned." The Social Security trust fund is currently projected ...
2
votes
2answers
173 views

What legally happens if the person being sued cannot pay the amount owed. (Special Case)

Here's a situation related to a story that's been in the news lately. I have no experience with any legal situations, so apologies for using incorrect terms/vocab. Conditions: The person being sued ...
1
vote
2answers
68 views

Can a tax debt owed to an EU country cause me any trouble in another EU country?

I have recently left my country (Greece) and moved to Germany. While I am employed and everything functions perfectly, I have some debts to Greece's tax collection bureau. While I will be able to pay ...
0
votes
1answer
33 views

Deficiency judgement period after foreclosure in IL

A friend entered in foreclosure in 2014, for a condo in Chicago, IL (Chase Bank). Some time later he received a form 1099-C for cancellation of debt for around $9K. I know there's a deficiency but, ...
0
votes
2answers
99 views

Can a hospital, or other entity, legally file collections on a debt incurred by a minor's parents?

Say a child goes to the hospital for whatever reason and, because hospitals are expensive, incurs a debt onto the parents. The parents, for whatever reason, elect not to pay. The hospital then ...
6
votes
2answers
122 views

What can I do about an employer witholding my final paycheck for “damages”?

So I accepted a 2nd job about 8 months ago as an elderly care taker for my landlord's parents. After a year their mental condition had deteriorated enough that I informed by landlord/employer that ...
2
votes
2answers
139 views

Can a creditor double their money after a default by joint debtors?

Can a creditor double their money after a default by joint debtors? In other words, lets say that two people jointly owe a bank $100,000 and both are fully responsible for the loan. The loan goes ...
1
vote
1answer
52 views

General bankruptcy inquiry in Germany

A person lives in Germany and owns a business which is in debt. They are afraid they will lose their child and be sent to "debt jail". Is this a real possibility? Is there any liability protection ...
2
votes
1answer
456 views

Does tolling apply to the statute of limitations in New York State?

More specifically, for a private unsecured debt with a statute of limitations (SoL) of 6 years in New York State, will the SoL be tolled (paused) if the debtor leaves the state, or the country (or ...
0
votes
1answer
65 views

Ch 13 Bankruptcy: What happens if you owe too much to repay in 5 years

As I understand it, Ch 13 bankruptcy protects a person by letting them repay their debts over a period of some 5 years. What if a person has more debt than they can repay in 5 years? (In Georgia.) (...
6
votes
1answer
95 views

Do economic sanctions prevent repaying debts?

Suppose that I lend money to a business or individual associated with the government in Russia, Venezuela, or some other country. Suppose that by the time the debt is due, my country of citizenship ...
4
votes
1answer
681 views

What rights do second lienholders have in foreclosure actions by primary lienholder?

It is common for real property to have multiple liens against it. The primary or "senior" lien is typically a mortgage lender. Subordinate liens may have attached to a property through loans or ...
1
vote
0answers
52 views

Is it possible to sue a UK based company from the US regarding debt collection?

I have a US-based LLC. The LLC is a service oriented company as opposed to product oriented. And all work is performed in the US. A UK-based client is delinquent in payments. The amount in dispute is ...
1
vote
2answers
119 views

Cell phone with zero usage sent to collections agency

A year ago I briefly had a phone plan in Alberta, Canada where I used absolutely zero data and no calling minutes. I called the phone company in order to cancel the plan on a Saturday, when they ...
9
votes
1answer
158 views

What would be the consequence of unpaid debt to a French company to a British person?

I live in the Scotland. Leaving out the details, I (allegedly) owe some money to a French company under a contract in French law. If I did not pay this money and was taken to court in France and lost, ...
4
votes
1answer
224 views

Is a B2B blacklist legal

We have a business client who is a non-payer and we've had enough. Is it legal to share details of this non-paying business to other businesses like mine? It wasn't mentioned anywhere in the ...
1
vote
1answer
87 views

Collections from a dissolved entity in Florida

If a corporation in Florida owes a business money, but the the debtor entity is now dissolved, what collections avenues are available to the creditor? Furthermore, can the creditor pursue the ...
1
vote
1answer
344 views

If the damages from a lawsuit force the defendant into bankruptcy, are they forgiven?

Say Bob throws a pool party, and because he's secretly homicidal, he decides to poison the pool water, and many of his guests end up in the hospital. He hires a good lawyer to defend him in criminal ...
1
vote
2answers
294 views

My phone number used to belong to someone in debt, now I'm getting harassed by debt collectors

A few weeks ago, I moved to a new city, and got a new phone number. The process of finding all my accounts everywhere and changing my number in each was long and complicated, and it's not something I ...
1
vote
0answers
42 views

What happens to unsecured debts which were secured in a Ch 13 bankruptcy when dropped?

In some cases in a Chapter 13 bankruptcy, a secured debt can be partially converted to unsecured. For instance an automobile which was not purchased recently can be 'crammed down' For instance a car ...
1
vote
0answers
219 views

10 year old traffic ticket

This started in the money SE, but has escalated. My wife received a traffic ticket 10 years ago in Nevada. We're currently in Vermont. She paid it, but didn't keep a record. Within the last few ...
-2
votes
1answer
108 views

Refusing to pay part of a installment plan

I know very well that not paying a loan of any sort can traumatize your credit score, and depending on the loan agreement could also impact you legally. What about installment plans? Where no ...
1
vote
0answers
71 views

In the US in a Chapter 13 bankruptcy, when are the amounts considered paid?

Hypothetically, Let's take the case of a debtor filing Ch 13 bankruptcy, with, say 25 thousand in debts secured with a car title, and 25 thousand in unsecured debts. Let's say he's planning to pay ...
1
vote
3answers
533 views

If collateral secured in a promissory note no longer belongs to the borrower, what happens on default?

I ask because a somewhat usurious former coworker (the lender) has a notarized agreement with a family member (the borrower) for a significant debt, where the house is used as collateral. The payment ...
1
vote
1answer
50 views

Are US banks required to notify users of debts before passing them to collections?

Say a customer of a large American bank, let's call him Paul, overdrafts on a debit card from said bank, let's call it ABC Bank. There is no notice of an overdraft at the time the money is withdrawn, ...
0
votes
2answers
2k views

Collection agency trying to collect on parking ticket? (Is this advice accurate?)

I got a ticket from a private parking enforcement company for leaving the lot when I did not leave the lot (the ticket even specifies the place I theoretically went to). I've been trying to fight it ...
8
votes
2answers
316 views

Can a UK retailer refuse full settlement of debt by a third party?

A person who is hospitalised and unconscious receives an outstanding invoice (of small value, say less than £50) from a UK postal retailer. A friend picks up the invoice, calls the retailer, explains ...
1
vote
1answer
682 views

Am I responsible for unpaid water bill of a previous tenant?

I recently moved into a house in South Carolina. Upon trying to get my water turned on they informed me I was going to have to pay $1500 in "unpaid fees" in order to get it turned back on. I have a ...
1
vote
1answer
87 views

Outstanding debt for deceased relative how to stop the bills coming?

My uncle passed away a few years ago, and owed quite a bit of money, I believe he owed on the house and perhaps on a loan. He did not leave any money in his will, and we ended up paying for his burial....
0
votes
1answer
61 views

Is it legal to videotape a payment at a business?

I went to my doctor's office in order to pay my copay for the federal government's stupidity for following their requirement to get a physician's statement, and I recorded it. Is this legal to do so ...
7
votes
2answers
393 views

What happens to debts when someone dies?

How are debts and loans recovered by the lenders after a borrower passes away? A debt can be as small as 100 bucks for the credit card bill. It can be as big as millions of bucks for mortgage (or ...
1
vote
1answer
51 views

Someone owes money in Australia

Someone owes money in Australia, Can I file case against that person? He owes more then $14K+ and he does say he will pay back, but he hasn't made any payment and does not attend calls anymore, it's ...
-1
votes
1answer
58 views

Is there cases supporting a victim of a crime suing a debt collector for being harassed by a debt collector? [closed]

If victims assistance is being held back, can I tell a debt collector to collect from the victims assistance program, or would I be better off telling them to accept something I grew (and painted), ...
1
vote
1answer
133 views

Is a landlord attempting to collect on a debt covered by the Dodd-Frank Act

If a landlord alleges that a former tenant owes money for damages caused to the house during the tenancy, are the landlord's actions while attempting to collect the alleged debt covered by the Dodd-...
2
votes
2answers
469 views

Fighting false debt collection

I went to a dentist, whose name doesn't belong here, got some xrays and a prescription. The bill was $104.00, which I paid the same day. Next thing I know, they are sending me to collections for ...
2
votes
1answer
208 views

Inherited property with two unknown lien holders. What should I do?

My mom passed away 8 years ago and left her house to my brother and I. But since then, we haven’t been able to do anything with it because it has 2 liens on it. So it sits there unoccupied after all ...