50 votes

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

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, ...
Dale M's user avatar
  • 209k
50 votes
Accepted

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

If the country was defeated in war, the bondholders often lose all their money. Sometimes, though, the conqueror has its own reasons to want the debt to be repaid. If the country came to an end ...
Davislor's user avatar
  • 2,884
43 votes

In a state with the common law definition of theft, can you force a store to take cash by "pretending" to steal?

This is a good example of the life of the law being experience and not reason. While there is a logical argument that this isn't theft, in reality, this conduct would universally be considered an open ...
ohwilleke's user avatar
  • 213k
40 votes
Accepted

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

There is no intention to commit theft, so there is no criminal act on the part of the customer. Even if there was a criminal act, the ability of the restaurant to detain the cusomer (citizen's arrest)...
Owain's user avatar
  • 1,985
39 votes

Release my children from my debts at the time of my death

united-states 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. You should hire an attorney for a few ...
ohwilleke's user avatar
  • 213k
38 votes
Accepted

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

As the answer by Paul Johnson says, if you had no criminal intent, there was no crime. As the answer by Dale M says, the prosecution would need to prove that criminal intent along with the other ...
David Siegel's user avatar
34 votes
Accepted

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

I am sorry for your loss, and that you have to deal with bills on top of everything else. The quick answer is yes, you might have to sell the house to pay your mother's bills. As you probably know, ...
Just a guy's user avatar
  • 8,408
30 votes
Accepted

Legality of "stealing" assets from Debtors

Security Many jurisdictions have the concept of a "secured" debt. Examples are Article 9 of the Uniform Commercial Code in the United States and the provincial Personal Property Security ...
Jen's user avatar
  • 54.9k
29 votes
Accepted

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

Questions about being barred from entry into the UK 10 years down the road need to be asked some number of years in the future. Current practice is that the Home Secretary does not bar entry because ...
user6726's user avatar
  • 215k
27 votes

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

You don’t need to prove your intent. They do. If you are charged with a crime, the onus is on the prosecution to prove the elements of that crime beyond a reasonable doubt. If having intent not to pay ...
Dale M's user avatar
  • 209k
24 votes

Is this story about US tax office reasonable?

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 ...
David Siegel's user avatar
24 votes

Release my children from my debts at the time of my death

Not possible in germany To not inherit a debt in Germany, the heir has to declare to the state that they don't want to inherit this inheritance. This also excludes them from inheriting anything else ...
Trish's user avatar
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18 votes
Accepted

What happens to debts when someone dies?

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 ...
sleske's user avatar
  • 8,095
17 votes

How do you dispute a large bill for damages?

With that much potentially at stake, you might want to discuss this with a lawyer. many lawyers will do an initial consultation for free or a low charge. However, you could simply write a letter ...
David Siegel's user avatar
16 votes

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

You have to pay the debts from the assets that comprise the estate, to the extent that it is possible, but the executor has some discretion in how that happens. This law determines what order debts ...
user6726's user avatar
  • 215k
16 votes
Accepted

Is it legal for energy companies to break into a house?

The two cases are very different. The first involves a debt collector entering onto property in connection with an allegedly overdue utility bill, which is something a debt collector ordinarily would ...
ohwilleke's user avatar
  • 213k
15 votes

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

If you believed the cards to be good, then it's exactly the same as if the restaurant card reader had failed. In any such case, you provide identification and agree on a payment deadline. You are not ...
Paul Johnson's user avatar
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14 votes

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

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 ...
Harper - Reinstate Monica's user avatar
14 votes
Accepted

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

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 ...
user6726's user avatar
  • 215k
14 votes

What is a misrepresentation made after a contract is signed?

There is no misrepresentation by the bank as you describe it, there is negligence by the account holder to comply with the terms of the account. The bank made no representation at all regarding a ...
user6726's user avatar
  • 215k
14 votes

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

This is a civil case, taking away your freedom is only for criminal offenses. Not paying your bills is not a criminal offense. It is up to the creditor to look for your assets, etc. A court can make ...
George White's user avatar
  • 12.6k
12 votes
Accepted

Do legal tender laws prevent "no cash" restaurants?

No A debt is created by a contract (among other ways not relevant here). A contract for a restaurant does not contemplate the creation of a debt, payment is to be contemporaneous with the service. ...
Dale M's user avatar
  • 209k
12 votes
Accepted

Dispute unpaid debt of a deceased family member

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 ...
Dale M's user avatar
  • 209k
12 votes

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

Time to negotiate. I had this happen with a $46 tab. I told the manager that I had $21, and that the server should get a tip before the bill was paid. I also offered to take their address and send ...
mongo's user avatar
  • 763
12 votes

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

Yes, in theory, but pursue other options too Yes, in theory, the estate would have to liquidate property to cover those debts. In theory. First, it doesn't necessarily need to be the house. If ...
Harper - Reinstate Monica's user avatar
12 votes

Release my children from my debts at the time of my death

In the united-states this happens automatically. Heirs are not responsible for the "debts of the father", unless they willingly co-signed or something really weird is going on. They just ...
Harper - Reinstate Monica's user avatar
11 votes

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

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 ...
Chloe's user avatar
  • 269

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