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13 votes
4 answers
6k views

Legality of "stealing" assets from Debtors

Yesterday, I watched an episode of a TV show where debt collectors stole valuable assets because their owners didn't pay the monthly rates or when they entered bankruptcy. The show was recorded in the ...
PMF's user avatar
  • 6,476
1 vote
2 answers
134 views

Can I set a fee for using my web site, and later collect it?

If I set terms of service for my web site, visitors to my web site agree to them when they use my web site (beyond, presumably, the usage technically required to obtain the text of the terms). It is ...
interfect's user avatar
  • 3,511
4 votes
2 answers
3k views

Can you be arrested for not paying a vendor like a taxi driver or gas station?

I have read conflicting information about police in the United States arresting people for not paying a bill from a retail vendor, like a taxi driver, auto mechanic or restaurant. On one hand my ...
Cicero's user avatar
  • 6,998
1 vote
2 answers
203 views

How is the 14th amendment relevant to the debt ceiling?

My understanding is: The 14th amendment says that any debt the United States has taken on must be honored. Previous legislation by Congress prohibits the government from borrowing more than a ...
user541686's user avatar
  • 1,556
2 votes
1 answer
376 views

Usury---What Constitutes It in the United States?

Some years ago, I recall a professor who announced that (in the United States) charging someone an annual interest rate of 24% or more was considered usury. The other day, someone I know in the United ...
DDS's user avatar
  • 1,273
0 votes
4 answers
4k views

If a creditor refuses to accept payment for a debt, is the debt extinguished?

JURISDICTION: New Hampshire, United States If a creditor refuses to accept payment for a debt, is the debt extinguished? I know this sounds bizarre, but some companies are no longer accepting payment ...
Cicero's user avatar
  • 6,998
2 votes
1 answer
57 views

What is the jurisdiction for an ordinary suit for an unpaid business debt, the creditor or debtor state?

For an ordinary unpaid business debt, what is the normal jurisdiction, the state where the creditor is located or the state where the customer is located? For example, suppose I have a business in ...
Cicero's user avatar
  • 6,998
22 votes
3 answers
6k views

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

If I understand correctly, (a) under common law, theft requires an intent to permanently deprive the owner, and (b) legal tender only applies to debts, not purchases. B is the reason why stores do not ...
Someone's user avatar
  • 17.1k
0 votes
1 answer
896 views

Roommate isnt paying her half of the utilities, can I sue her? [duplicate]

So my roommate, her kids, myself, my mother (who is visiting lt) and my dog live in a duplex and we each pay rent, separatly, to the landlord. The utilities are all in my name except the wifi; that's ...
Bee's user avatar
  • 1
1 vote
1 answer
108 views

Can strategic bankruptcy be used against investors?

Can bankruptcy be used as strategy to avoid paying back investors? Are there examples of such behavior? What are the mechanisms in place in US law to prevent people from creating a company to attract ...
jcardan's user avatar
  • 11
11 votes
3 answers
4k views

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

Okay, I know officially the answer is "no, there is no such thing as debtors jail for civil debts in the USA", however let's explore this. Suppose a person is sued by a creditor for a debt. ...
Boshy 1984's user avatar
1 vote
1 answer
144 views

Can future debts be included in a bankruptcy petition?

I'm asking this question as a matter of law, not specific to any situation, and not as a request for advice. Can debts that you know for sure will be incurred in the month after filing (examples may ...
George's user avatar
  • 13
5 votes
1 answer
628 views

Does a secured loan create obligations beyond the collateral assets?

Suppose that a lender lends a debtor $10000 with the collateral of 1 Bitcoin. Now, if the debtor defaults the lender can sell the collateral and recover the original debt. However, suppose the ...
Viktor's user avatar
  • 3,568
1 vote
1 answer
116 views

What can be done about unlawful garnishment?

A debt collector claims that you owe a debt. You dispute the debt. The debt collector "garnishes" your debt without the requisite court order. Your employer agrees to do so, and deducts the ...
Libra's user avatar
  • 6,498
22 votes
5 answers
6k views

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

This question established that, if a restaurant is suddenly unable to take all credit cards, and you don't have cash, then it is not a criminal matter and the debt would just be resolved through civil ...
SegNerd's user avatar
  • 5,163

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