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60

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 ...


35

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 ...


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 ...


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

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 ...


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 ...


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.


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

Well there's the principle of causation, which applies both for criminal and civil cases more or less universally (in every civilized country, anyway). If, for example, you break their window, you caused the damage, and therefore you are liable for it. If you cannot pay because you didn't bring any means of payment, well that's bad because again you caused ...


3

The actions the restaurant can take, likely depend on HOW you leave the place Suppose you eat and find out that they cannot accept the card. If you then run out of the building, they will likely be in their right to make a claim on you. However, what I have done in similar situations was starting a conversation as follows: This is unfortunate, what do ...


3

If this is a federal student loan, I would check with the U.S. Department of Education to make sure you have any federal loans in default and what agency is servicing them. If it is a case of federal loan default, there is little legal recourse other than trying to return the loan to good standing. https://studentaid.ed.gov/sa/repay-loans/default


3

Whether or not this would be allowed would generally call for a more fact rich situation than the one presented in the original question, that would cast light upon why a retailer might be inclined to refuse to accept payment. Hypothetical legal questions that presume that people are acting irrationally for no good reason are generally ill posed and don't ...


2

The section in Massachusetts law is here; it says "In all actions based on contractual obligations, upon a verdict, finding or order for judgment for pecuniary damages, interest shall be added by the clerk of the court to the amount of damages, at the contract rate, if established, or at the rate of twelve per cent per annum from the date of the breach or ...


2

It is correct, per 15 USC 1692g, that the collector can wait until the consumer files notifies the collector of the debt, before sending verification. The law does not state what form that verification must take, and it would suffice if the collector provided evidence that services were rendered and not paid for. The verification can't just be a restatement ...


2

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. Presuming that the customer was made aware that cash payment was not acceptable and that they chose to enter the contract, by ordering, then they accepted that ...


2

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 "you need a wet ink signature for the warrant to be legal" Is that actually true? No. It is an internet myth, which seems to be spread by people (e.g. 'Freemen on the Land') who believe ...


2

In the UK the time limits for starting legal action to recover a civil debt are rather complex but for most things: England and Wales: 6 years Scotland: 5 years. If you make a payment or admit to owing the money then this resets the clock. Once a court judgement is issued there is no time limit for enforcing it.


2

If you lived in a community property state, that would create responsibility for your late wife's debts (but Kansas is not one). If you signed a financial responsibility agreement you would be liable (but I assumed you did not). No matter what, her estate is liable, and that could eventually affect you (her debts must be paid first). However, there is one ...


2

He can always pursue you in civil law In a pay-at-the-end restaurant, a debt is created when they deliver the food. They have the full range of civil law available to pursue you for that debt, including court, garnishments, etc. The debt is persistent, and does not clear when you walk out of the restaurant. It clears when the Statute of Limitations is ...


2

Worst case - you go to jail Technically, obtaining a loan by lying is fraud in every jurisdiction I know about. If it turned out you were unable to pay and investigation showed you had lied, the lender might report you to the police who might charge you.


2

Debts do not just die with debtors. The creditors have legal rights to wet their beaks in whatever monies/valuables are left from the deceased. Expect the $1k CC debt to be deducted from the IRA and/or the account left it her name.


1

Failure to accept payment is not the same as failure to provide payment. It is typically accepted in cases like these that the restaurant will attempt to make available alternative forms of payment. This generally means jotting down card details (much as their payment system would have done anyway), but it does not mean forcing customers to utilise a ...


1

There are various public records which can be searched, as well as services which provide public records. Ideally, you want to provide a current address, which if the person is a driver, will be recorded with the state licensing authority. My experience has been that if I provide the current DMV address, then the Sheriff will verify that address and serve ...


1

Not much, because it does not sound like he has committed a crime. If he had broken into your room and stolen your cash, the police might be interested in getting involved in order to arrest and prosecute him, but in this case it is a civil matter, meaning that you have to shoulder the burden of getting justice. It should be a simple matter of serving papers ...


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