Define: Simple-Contract Debt

Simple-Contract Debt
Simple-Contract Debt
Quick Summary of Simple-Contract Debt

Simple-contract debt refers to a form of debt that is not officially documented or sealed, and can be expressed either orally or in writing. It involves an agreement between two parties, where one party is indebted to the other for a specific sum of money. Unlike secured debt, which is supported by collateral, or debt of record, which is substantiated by a court record, simple-contract debt can be established through any form of agreement, regardless of whether it is written or verbal.

Full Definition Of Simple-Contract Debt

Simple-contract debt refers to a type of debt that can be either oral or written, but is not recorded or under seal. It involves a liability on a claim, where a specific sum of money is owed by agreement or otherwise. Instances of simple-contract debt include an undocumented loan between friends, an unsecured credit card debt, or an agreement to pay for services rendered. These examples demonstrate how informal agreements between individuals or entities can give rise to simple-contract debt. Unlike debts that are recorded or established through special contracts, simple-contract debts lack the support of a formal legal document.

Simple-Contract Debt FAQ'S

Yes, a simple contract can be used to enforce a debt as long as it meets the basic requirements of a valid contract, such as offer, acceptance, consideration, and intention to create legal relations.

If a debtor fails to repay a debt as agreed upon in a simple contract, the creditor may take legal action to recover the debt. This can include filing a lawsuit, obtaining a judgment, and pursuing collection methods such as wage garnishment or property liens.

Yes, a simple contract debt can be discharged through bankruptcy, depending on the type of bankruptcy filed and the specific circumstances of the debt. However, certain types of debts, such as those arising from fraud or intentional wrongdoing, may not be dischargeable.

No, a written contract is not always necessary for a simple contract debt to be enforceable. While a written contract provides stronger evidence of the agreement, oral contracts can also be enforceable as long as there is sufficient evidence to prove the terms and conditions of the agreement.

Yes, interest can be charged on a simple contract debt, but it must be agreed upon by both parties and comply with any applicable usury laws or regulations. It is important to clearly state the interest rate and terms in the contract to avoid any disputes.

Yes, a simple contract debt can be transferred or assigned to another party, but it generally requires the consent of all parties involved. The terms of the contract may also specify whether or not the debt can be transferred.

The statute of limitations for filing a lawsuit to collect a simple contract debt varies by jurisdiction. It is important to consult with an attorney or review the applicable laws in your jurisdiction to determine the specific time limit for filing a lawsuit.

Yes, a simple contract debt can be settled or negotiated between the parties involved. This can involve agreeing to a reduced amount, a payment plan, or other terms that are mutually acceptable. It is advisable to document any settlement or negotiation in writing to avoid future disputes.

If a debtor becomes incapacitated or passes away, the simple contract debt may still be enforceable against their estate. However, the specific laws and procedures regarding debt collection from an incapacitated person or a deceased person’s estate can vary, so it is important to consult with an attorney for guidance.

Yes, a simple contract debt can be forgiven or canceled if both parties agree to it. This is commonly referred to as a debt forgiveness or cancellation agreement. It is important to have this agreement in writing and signed by both parties to ensure its enforceability.

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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: 17th April 2024.

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