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Debt

An amount of money due and payable, from one person to another.

The obligation to pay a certain amount of money to another person as a result of a contract or other legal obligation (such as damages resulting from a tort).

The obligation must be due for it to be a debt. Forthcoming rent, for example, is not yet a debt, nor are prospective damages not yet determined by judgment of a court. This distinction can be important as once a money obligation becomes due and payable (a debt), it may be exposed to garnishment.

A person with a debt to another is called a debtor. The person to whom the money is owed, his creditor.

A person who is "debt free" has no creditors; owes money to no other person.

A debt can be guaranteed or secured by a guarantee, indemnity or mortgage.

A debt is cancelled by payment of the full amount owing to the creditor.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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