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59

Is there any validity to these claims? No, except maybe in bankruptcy proceedings that involve additional circumstances/factors. A loan is a contract. What you describe is simply a debtor's attempt to replace the contract he incurred with a creditor. As such, the creditor is entitled to decline the settlement offer, thereby leaving the initial contract (in ...


50

No If you owe someone money then you must pay them the full amount, subject to a binding agreement that you can pay less. "I know I owe you $100, how about I pay $5?", "No." - is not an agreement, let alone a binding one. In fact, "I know I owe you $100, how about I pay $5?", "Give me the $5.", money changes hands, "Now, give me the remaining $95." is a ...


23

There is no general law making it illegal to lie about debts, or anything else. It is illegal to lie to a law enforcement officer in the course of an investigation. (And of course it is illegal to lie in court testimony or when otherwise under oath.) But it is in no way unlawful to decline to answer, unless a proper court order has been obtained, or other ...


14

Legally, absolutely not. The law aims to be inherently reasonable. And there are two parties involved, both of whom have rights. Such an arrangement would be unreasonable, even unconscionable from the other party's perspective. As a practical matter, lenders know they can't get blood from a stone. Collecting money has very significant costs to it, and ...


14

Defaulting on student loans is—along with back taxes and child support—one of the three cases where a court order is not required for wage garnishment. This article spells out remedies against such defaults. For example, they can intercept your tax refund, Social Security payments, or your wage. They can take up to 15%, but not more than 30 times the ...


11

No. Argentina defaulted on their debts in the 1990's. No one would lend to them. So they decided to issues bonds based on US laws and rules. People bought them up. Then they defaulted again in the 2000's. A few hedge funds held those bonds and refused to settle for an insane write off. They took Argentina to court in New York, where the bonds were originated,...


11

Dead people have to pay their debts just like everybody else It is one of the primary roles of the executor to make sure this happens. Dead people can dispute a debt just like everybody else Just because someone says you owe them money, that doesn't mean you owe them money. In fact, the onus of proving the debt lies with the person claiming the money. ...


10

In Civil law jurisdictions, the heir of a deceased person will generally inherit all the possessions, rights and obligations - this may include debts. So if a borrower passes away, the lender will typicall find out who is the heir, and ask them to pay. The heir will be required to pay, and the creditor can use the usual channels (reminders, collection ...


8

First of all, this assumes that the debt consolidation firm would be willing to buy, and the CC company willing to sell. With a trial already scheduled, this might well not be the case. Secondly, when (if) the debt consolidation firm buys the debt, they buy the rights of the seller. In many states the trial could go forward, with the debt consolidation ...


7

Yes. This is legal. The only possible liability for a truthful and accurate disclosure of fact is a defamation action (in the absence of a privacy clause in the contract) and this is truthful so it would not violate anyone's legal rights. Credit reporting agencies routinely collect such information and court actions to collect unpaid debts are also a matter ...


6

You can sue your cat. The proper question is "Do I have an actionable claim?" Use your state's consumer protection laws: Namely, send certified return receipt letter to the collection company disputing the debt. Then, if the collection company does ANYTHING (calls you, sends a letter) after your proper notice of dispute of the alleged debt, then each act ...


6

This is called double recovery, double compensation or over-recovery, and it is usually prohibited. The rule against double recovery is also known as the one-satisfaction rule. Courts may give effect to the rule by: refusing to enforce a judgment under the relevant civil procedure rules to the extent that it has already been recovered from a co-defendant, ...


5

The court in France would not enforce a debt collection against you; but the person who owed you the money could - very easily. They would apply to the court in Scotland to enforce the judgement of the French court, the Scottish court would look at it, say "yup, the French court has made a decision", and then tell you to pay up. After that, the French ...


5

If the creditor has lodged a caveat on the title to the property, then the debtor will not be able to transfer ownership of the land. The land titles office will refuse to register any attempted transfer of the land while the caveat stands. If the creditor has registered a charge on the title of the property, they will still be able to liquidate it to cover ...


5

No employer has ever the right to withhold your pay check for work you have done. It is strictly illegal. Even if they had 100% evidence that you caused damage and were responsible for that damage, they still can't withhold your pay. They have to pay you, and then they can try to take you to court. The reason for this law is exactly cases like yours, where ...


5

In the US it's very simple: How does the party that makes the lawsuit get the money in this scenario? They don't. Winning a lawsuit against a person is a legal confirmation that they really do owe you the money. It also gives you the ability to do certain things to try to collect: you could seize their assets or garnish their wages. If they don't have ...


4

In common law jurisdictions, you generally cannot inherent a debt. Details vary by jurisdiction, I will use NSW, Australia as an example: Initial ownership on death Liabilities Any joint liabilities (loans, credit cards etc) automatically pass to the survivor(s). Individual liabilities are "owned" by the estate Personal Property Any joint assets such ...


4

If you are in the habit of paying people just because they ask you to, then I say you owe me $500 - if you want to pay I'll send you my wire transfer details. This is a facetious way of making a very simple point: You don't owe people money just because they say you do. If someone claims to be owed money by you, the legal onus is for them to prove both ...


4

Most Likely Yes to both. It really depends on the nature of your agreement, oral agreements are as legally binding as written ones, but as a matter of evidence in court written contracts are of course better. So looking at your agreement: did you agree to pay the full amount, in return for a place to study? Or did you specifically agree to pay on a rolling ...


4

Keeping your paycheck and imagining that you have to pay the damages is illegal. You do have a verbal contract for services to care for the elderly couple, which is a valid contract, and as you say, that contract did not contain details about your responsibility for damage to property; and responsibility for that property can't be assumed to be in the ...


4

The first step of a non-governmental debt collector would be to sue you and obtain a money judgment (if this debt collector is legitimate, something the comments touch upon). A tax debt is different, if this is a legitimate tax debt. There is usually an internal tax collection agency process that must be exhausted, resulting in an assessment of taxes which ...


3

Yes If it is illegal to transfer money between the jurisdictions then any contract that requires that to happen is unenforceable. This is a subset of "sovereign risk" in a trans-national deal.


3

Yes, the statute of limitations in New York can toll if a person is out of state for a long period of time. See CVP § 207. Defendant's absence from state or residence under false name: If, when a cause of action accrues against a person, he is without the state, the time within which the action must be commenced shall be computed from the time he comes ...


3

In the US, when a person has unpaid debts and dies, those debts are to be paid from any assets of the estate (as in, any assets). The executor has the responsibility to use those assets to pay the debts. Presumably the executor did that, and there are no co-signed accounts or anything like that, so your mother isn't responsible for these debts in some ...


3

Yes, the correct forum is the Local Court in the relevant state (in some states these are called Magistrate's Courts). The amount is too large ($10,000) to qualify as a small claim . If you want to do it yourself the court websites are very informative and in NSW, at least, the process can be initiated online including your paying for the Sheriff to serve ...


3

As in most of the world, there is a BIG difference between a person running a business and a person owning a company which runs a business. In the first case, the person is liable for all the debts of the business, in the second case, providing they have fulfilled the legal duties as am owner/director (as applicable) they are not liable for the debts of ...


3

Yes. The European Enforcement Order is an explicit procedure for uncontested claims like this. That means no German court is involved (unlike Dale M's answer suggests). The Greek Court files an EEO, and this can be enforced directly in Germany without going through German courts again. That means you can face wage garrisons, bank account freezes etcetera.


3

No, it is not debt and you are not owed any money beyond what Congress decides to give you. Section 1104 of the act says the benefits are what Congress decides to give out. This was challenged in 1960 and upheld. To quote Wikipedia: Ephram Nestor challenged Section 1104 after he was denied Social Security payments as a deported member of the Communist ...


3

Possibly, but not likely, but as always facts and circumstances matter, though Trump was not very concise in what he said. First let's start off from the the transcript of what Trump said. from Politifact: "I will give you (Warren) a million dollars to your favorite charity, paid for by Trump, if you take the test and it shows you're an Indian." Looking ...


3

I'm assuming you are talking about "warrants in debt" and not arrest warrants. A warrant in debt is that the creditor has filed with a court for the repayment of a debt. The court will then issue a judgement (in default if you do not appear) either for the creditor or the debtor. After that, the creditor can then (if they win) seek things such as garnishment ...


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