cross-posted from: https://linkage.ds8.zone/post/341870

I signed an agreement with a creditor that obligates me to pay them using a bank inside the country. This was fine initially but then I moved out of the country and the acct was closed. Other banks will not open an account for me and the creditor refuses cash. So the creditor is treating me like a non-payer to a quite harsh extent.

I have over-simplified here but I just want to know very generally what the common practices are around the world for contract law situations where someone without much bargaining power signs a contract that obligates them to do something that’s only achievable if other 3rd-parties agree to serve them, and then those other 3rd-parties later refuse.

BTW, I am not interested in advice on situational hacks and angles like “find a friend to pay for you”. I want to know how courts treat the situation when all options have failed. Are people typically held accountable for agreeing to something which relied on actions of others?

(the situation is not in the UK but I am still interested in answers as to how these kinds of situations are dealt with in the UK)

  • LibreMonk@linkage.ds8.zoneOPEnglish
    1·
    30 days ago

    you can’t just scream legal tender and throw physical money at your creditor¹.

    IIRC in the US it’s written simply that if you leave legal tender in the creditor’s possession, your debt is reduced by that amount regardless of what they do with it. But of course gathering evidence in that case can be dicey.

    If I remember rightly you need to lodge it with the courts and then it basically prevents you from being sued as the money is there to pick up.

    There was a guy in Germany who fought the forced use of electronic payment for radio licensing fees that way. He escrowed it in a blocked account so that the gov could not claim he was just looking to evade the fees. It seems like a good approach.