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- there are a lot of conditions and assumptions in which a creditor can sue you.first and foremost, it must be borne that a mere default in paying instalments does not render you liable for suing.the creditor must by all means inform you about your arrears unless it is tacitly or expressly included in the contract that a default will lead to suing.
- secondly, if the debtor is in mora ex re the creditor can sue because being in mora puts the debtor in breach-here caution must be given as to whether the delay(mora) is because of debtors fault or it is because of Vis Major or casus fortuitis.if time and date were not specified in the contract then the creditor can not sue debtor for being in mora because here he can not be in mora. the debtor only falls in mora if the creditor issues him with a notice of demand known as interpellatio.once again the interpellatio must stipulate a reasonable time since it is unilaterally done by the creditor.if the debtor then fails to perform in accordance with the demand he is said to be in mora ex persona then creditor is entitled to sue.
- if debtor renders performance impossible either intentionally or negligently then creditor is entitled to all contractual remedies
- if debtor has given a guarantee that he will deliver then he must act pe se even if the object is destroyed by vis major or casus fortuitis
- where the debtor delivers positive malperfomance, the creditor is entitled to sue for specific performance,cancell the contract etc
What else can I help you with?
Can you sue a creditor for taking money out of your account without your consent?
You can't if you owe the creditors
Can you sue a creditor that reported an error on your credit report?
Sure, you can sue just about anyone for anything. Whether or not it is worthwhile is another issue. You can sue creditors for any number of things, breach of contract, bait and switch, violation of anti-trust laws, slander, and so on, The thing that creditors fear most... class action suits. Every debtor has the legal right to file such a suit against creditors and CRA's.
Can property owned by a couple be protected from creditors liens by signing a quitclaim deed to one spouse in Oklahoma?
No, this would be fraud on the creditors and they can sue to have the transaction rescinded or nullified.
You have high unsecured debt can creditors get lien against your home or the equity of your home which is partially paid off?
If the creditors sue you for unpaid balance they can put a lien on your home if it is in your name.
Does Saskhave a seize or sue law?
Saskatchewan has a "seize and sue" law, which allows creditors to seize property as a means of enforcing a judgment. This process enables creditors to take possession of the debtor's assets to satisfy outstanding debts. However, specific procedures and regulations govern the seizure process to protect both creditors' rights and debtors' interests. Always consult legal counsel for detailed guidance on this matter.
Can a collection agency sue if you do not refuse to pay?
If you are not refusing to pay and you pay the debt, they would have no reason to sue you. If you refuse to pay a valid debt, they may advise their client to sue you depending on what state you are in and what the laws are there. Some states only allow original creditors to sue and not the collection agency.
Is freedom finance a legimate debt management company?
No! They promise to pay your creditors and then don't! Then, the the creditors sue you in court and get judgments, leading to checking account garnishments and payroll garnishments. Then the only solution is to file bankruptcy.
Can unsecured creditors sue in Pennsylvania?
Yes, unsecured creditors can sue debtors in Pennsylvania to recover debts owed to them. The creditor can file a lawsuit in the appropriate court to seek a judgment against the debtor. If successful, the court may order wage garnishment, bank account levies, or other mechanisms to collect the debt.
If it is true that creditors can sell the car and sue for the deficiency if a person cannot make the payments how do they collect when the person in already financially desperate?
they can, but rarely do
Can a credit card company sue you after four late payments?
Technically they could, but it's rare. Most creditors won't bother to sue until after the account has been charged off (written off as a bad debt) after 6 months of non-payment. Some creditors will sue right after charge-off, others will go thru numerous collection agencies or just sell off the debt to a junk debt buyer, who might sue you at some point. In-house collections are notorious for threatening to sue if you're late on payments, but it's unlikely they will do so, it's a scare tactic.
What happens if you have 30000 dollars in credit card debt and have not paid for over a year?
There is no certainty as to what action creditors will take to collect debt. Some will sue for as little as $100 if the debtor's state allows small claims action by creditors. The factors for whether or not a creditor will sue are many, the most important one being if they are assured they can collect any judgment that is rendered.
Can you sue when you are bankrupt?
Sure...in fact, if it is to collect a debt or something due you, which agreeably may end up having to go to your creditors...you have to.
