Question: Transfer of debt/Guarantor w/o consent

Selfish October 14, 2024 3:33 pm

I KINDA understand (and that’s A LOT of understanding) how a relative’s (esp parents/siblings/children) debt MAY transfer to the next of kin upon death.

(P.S. Here in the Philippines, in general person’s debt can be wiped out by death (with certain exceptions.)

What I don’t get is how can a debt be transferred to a relative when said relative didn’t give consent to be a guarantor? Does this happen IRL in SKorea?

I ask bc most debts of our hardworking-multiple job holding MCs stem from debts not their own.

Responses
    True.Blue October 14, 2024 3:36 pm

    Normally a debt can’t be transferred that easily but most of the time in these stories the debt was contracted with people that don’t care about laws and legality. They are not a bank or a credit institute, they are loan sharks and operate in the submersed economy.as a consequence if the main contractor doesn’t pay they make the closer relatives pay for it

    Jayjay October 14, 2024 3:49 pm

    The one you’re talking about is legal loans that are regulated by laws.

    We have shit like that in the Philippines, you just haven’t witnessed it. I’ve encountered that situation from someone I know in this country.

    Mozzarella October 14, 2024 4:13 pm

    I can only talk about my country's laws - A debt doesn't go down to a relative after death, that'd be against the principle of impersonality - you didn't make the debt, why should you pay it?

    Instead, that debtors can collect from the assets the deceased person left as inheritance. If your mom got a 100k debt and left you a 200k inheritance, you're only getting 100k. If the debt is 300k, you get nothing, and the debtors gets only 200k and loses on the 100k.

    This is the LAW. What happened, in this story, is that this wasn't a legal money lending business, but a loan shark situation. They are criminals that won't go through court to get their money, they're going to threaten you with a beating or death.

    Selfish October 14, 2024 6:04 pm

    Oh! OMG! You guys are SO RIGHT. My brain didn’t even TRY to make that connection. Like duh, loansharks. My slow brain … didn’t bother working for more.