Define: Debtor

Debtor
Debtor
Quick Summary of Debtor

The term “Debtor” refers to an individual or entity that owes money or has a financial obligation to another party.

Debtor FAQ'S

No, in most cases, a debtor cannot be arrested for not paying their debts. However, creditors can take legal action to recover the debt, such as filing a lawsuit or obtaining a judgment against the debtor.

Yes, if a creditor obtains a judgment against a debtor, they can seek a wage garnishment order. This allows a portion of the debtor’s wages to be withheld by their employer and paid directly to the creditor to satisfy the debt.

Yes, if a creditor obtains a judgment against a debtor, they can seek a bank account levy. This allows the creditor to freeze the debtor’s bank account and potentially seize funds to satisfy the debt.

Yes, if a creditor obtains a judgment against a debtor, they can seek a property lien or a writ of execution. This allows the creditor to seize and sell the debtor’s property to satisfy the debt.

Yes, debtors can negotiate with creditors to settle the debt for a reduced amount. This is often done through debt settlement negotiations or by working with a debt relief agency.

Yes, filing for bankruptcy can provide debtors with a fresh start by eliminating or restructuring their debts. However, the specific eligibility requirements and consequences vary depending on the type of bankruptcy (Chapter 7 or Chapter 13) and the debtor’s financial situation.

Yes, a creditor can still file a lawsuit against a debtor for a debt that is past the statute of limitations. However, the debtor can raise the statute of limitations as a defence to have the case dismissed.

In general, a debtor is not personally responsible for their deceased spouse’s debts unless they co-signed or guaranteed the debt. However, the deceased spouse’s estate may be liable for the debts, which could affect the distribution of assets.

Discharging student loan debt through bankruptcy is generally difficult. Debtors must prove undue hardship, which is a high standard to meet. However, it is not impossible, and debtors can consult with an attorney to explore their options.

Yes, medical debts can be pursued through legal action if the debtor fails to pay. However, some states have laws that provide additional protections for debtors with medical debts, such as limiting the amount that can be garnished from their wages.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 13th April 2024.

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