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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 ...


36

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 ...


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 ...


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

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 ...


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 ...


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

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

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 ...


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 ...


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

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

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 ...


5

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 ...


5

Find him yourself Anything else will cost money. As to how, the 21st century has made this much easier. Find his digital footprint and use that to find him. If you don’t know how to do this, hire a private eye. That said, your cheapest option is to forget about the money: odds are you’ll never get it back.


5

Yes, you can surrender your duties as executor to the state. However you can forget about anything that may have come to you after debts are paid, as the state's lawyers expenses will eat up everything. It might be worth it, however, just to be rid of the mental stress, the huge amounts of time and paperwork, and the risk of getting something wrong and ...


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

According to the US Courts website, not all debts need to be paid in full in Chapter 13 proceedings: The plan need not pay unsecured claims in full as long it provides that the debtor will pay all projected "disposable income" over an "applicable commitment period," and as long as unsecured creditors receive at least as much under the plan as they ...


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 ...


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