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61

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 ...


51

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 ...


49

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 through peaceful negotiation, the same negotiation would decide who becomes responsible for its debts. So, at the end of the U.S. Civil War, the United States ...


38

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 elements of the crime. Offering to make the call to the banks should be evidence that you had no criminal intent. Making the call and getting assurance from the bank ...


37

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) is very limited in most jurisdictions. The restaurant can ask the customer for his name and address, but there is no legal obligation on the customer to ...


34

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, the estate includes both your mother's assets (cash, house, car, and so on) and her debts. In general, to "settle the estate," the executor must pay all ...


29

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 of an unpaid debt, instead you have to do something egregiously bad or antisocial. Given Brexit, future matters of immigration are not set in stone. One ...


27

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 is an element, that is for the prosecution to prove, not for you to disprove.


24

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 ...


17

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 saying that you do not agree that you owe the money and that you dispute the charge. You may give any reasons why you think you are not liable. It might be a good ...


16

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 ...


16

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 are to be paid in: funeral expenses are high on the list, last-illness debts are lower but still ahead of "everything else". §44-1-17 though -21 cover ...


15

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 guilty of a crime, because you had no criminal intent. So it is a civil matter.


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 ...


14

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 balance due. If you want the bank to be at fault, they the customer would have to demand a declaration as to the existence of a balance due (choose your words ...


12

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. ...


12

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 other assets are saleable, that will suffice. Second, the estate does not necessarily need to sell the house. It could, for instance, mortgage the house to obtain ...


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

Short Answer Does a secured loan create obligations beyond the collateral assets? The vast majority of the time it does. Long Answer The default rule is that security interests in assets other than real property is a recourse debt under the Uniform Commercial Code (UCC) (a model statute that individual states can enact voluntarily) and the applicable ...


11

Not returning a payment made in error may amount to theft. s.5(4) of the Theft Act 1968 covers this scenario: Where a person gets property by another’s mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be ...


10

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 a check. The manager accepted the $21 and agreed that the server would get $8 of it first. Possibly less risk for them than relying on me to send a check. ...


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 ...


8

Speaking in very general terms, the law of England and Wales allows for the recovery of payments made by mistake. See, for example, Virgo, The Principles of the Law of Restitution (2015) at p 157: A claim to recover money mistakenly paid by the claimaint to the defendant is often regarded as the paradigm example of a restitutionary claim founded on the ...


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 ...


7

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 ...


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, ...


6

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 ...


6

There is a distinction between keeping a security deposit and suing a person for damages. In the Residential Landlord-Tenant Act, §280, the damage deposit must be returned within 21 days, and "the landlord shall give a full and specific statement of the basis for retaining any of the deposit together with the payment of any refund due the tenant under ...


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