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excon · Jan 18, 2007, 08:00 AM

Hello:

It's so easy for me to sit upon my high horse and tell all the deadbeats we get here to PAY their debts... Yeah, easy when it's THEIR money I'm talking about. Of course, they only come to us when they're being sued or a hassled about it. What would you advise someone to do, who has an old debt, and is NOT being hassled about it?

Yes, it's me, and this is MY money. I never finished paying off my divorce lawyer (mid 80's). He didn't hassle me about it at all. I still owe him, and I can pay him now. I don't want to sit down and refigure my bill, and look like a good guy. I probably CAN'T pay it with interest added, anyway. But, I can give him a couple grand.

I was thinking about just dropping by his office and leaving a check. But, I don't really know what the bill was/is. Does it matter? Well, of course it does. But, after so long, wouldn't he just consider this found money? Is this a can of worms better left unopened? Can I drop off a check and walk away with a clear conscience?? Am I nuts to even consider it?

excon

PS> Nahhh, I owe him, what I owe him and not a penny less - I think.

phillysteakandcheese · Jan 18, 2007, 09:51 AM

It's very honorable to want to pay of an old debt - especially one from 20 years ago.

If you have a personal relationship with the guy and he's willing to accept your payment as a "make good" gesture, go ahead. It would make you feel good to know you've paid off a debt.

If you drop in out of the blue and ask to "pay your bill", there's too much potential for him to add up interest charges and penalties that could quickly multiply the amount you owe. Once you make a payment, you are basically acknowledging that.

Perhaps you can call and ask him about it? He may be a lawyer, but hopefully he is also a decent person.

excon · Jan 18, 2007, 04:52 PM

Hello philly:

He IS a decent person. But he's also a lawyer, and if he figures out that he can collect a bunch of money from me... I don't know.

excon

Tabi · Jan 18, 2007, 04:55 PM

What I would do it get a copy of your credit report. If it is on there than pay the amount shown. If it is not on there then I would go about my business and not worry about it. Chances are he wrote you balance off and forgot about it. If he really wanted his money he would have contacted you and if that didn't work put it on your credit report.

excon · Jan 18, 2007, 05:20 PM

Hello Tabi:

It's not there. He didn't try to collect. It's over 20 years ago, anyway. Negative stuff on your credit report falls off after 7 years, and it never was there. Nope. He didn't file a law suit, no letters, no phone calls, no collection agency.

There's just him, and me, and my debt to him.

excon

Tabi · Jan 18, 2007, 05:23 PM

You would be a GREAT man if you pay it! I am honestly not sure if I would be that nice. LOL

JoeCanada76 · Jan 18, 2007, 06:34 PM

I can not believe I am saying this. I think it is better to leave well alone.

Fr_Chuck · Jan 18, 2007, 07:57 PM

Yes, it is a can of worms, you are opening,

Since the SOL most likely has ran out on this, he can not legally collect from you until you make an action on this, so by paying "part" of his total bill, you are now acknowleging the debt, which means if he has legal interest, late charges and the such, now you can legally owe it because you make a payment on the debt.

I am sorry but from a legal standpoint, no, don't pay it.

** can't believe I am saying that either but best legal opinion

CaptainForest · Jan 18, 2007, 07:58 PM

I agree with Joe.

Odds are when you open the can of worms, things just become messier.

If this were me, I wouldn't risk it.

Nosnosna · Jan 18, 2007, 08:10 PM

Depending on your personal code of ethics, you may feel wrong about having the money that you shouldn't have. Since you can't be sure that he'll accept this as payment in full, and partial payment would open you up to action, you should find another way to reconcile your personal balance sheet: Donate the money you aren't supposed to have to a worthy charity, maybe something related to the cause of the debt. Oh, and don't claim the tax deduction for that particular donation.

Your lawyer is already satisfied because the money left his balance sheet at least 15 years ago. Your conscience will be clear because you've put your questionable money to a socially-responsible cause.

This is what I would do, but I hold myself to a ridiculously high standard on this sort of thing :)

excon · Jan 18, 2007, 08:19 PM

Hello again:

Wow! Permission from the good guys to continue welching. Whoda figured that?

excon

Fr_Chuck · Jan 18, 2007, 08:52 PM

This was the legal site, ask this same question on the ethics or religion site and I can offer a moral opinion.

And of course to clear your conscience, I can think of a charity to dontate the money to on their behalf.

excon · Jan 18, 2007, 09:23 PM

Hello Padre:

This IS ethics, Padre. You're used to seeing me on the legal board, but that's not where I asked THIS question.

excon

s2tp · Jan 18, 2007, 10:29 PM

Excon,

If I was you, and I felt that guilt yet I could afford to pay into it, I would write a check... however much would release me from the guilt- whether it was the full amount, half... whatever I could afford yet feel like I could get away with... haha.
I would write a letter saying that I came through with some money, the debt has been on my mind and I wanted to pay what I could in hopes that it is not too late... something to say this is all I can afford, please accept this as a token of my gratitude for not taking me to the hungry credit collectors...

But then again, I just re-read your post... and well 20 years is a LONG time... he has probably forgotten it, or it was not a sufficient amount to fight for at the time, and letting it go would be a pretty good idea too... haha.

A few years back my grandma bought me an emergency flight home for my brothers funeral, it was about $700, and while it was assumed she was taking care of it, I still plan on paying it back to her. I feel too guilty taking money from my grandma when I am making so much now...

ScottGem · Jan 19, 2007, 06:55 AM

Do you have any bill or statement?

I would send the attorney a letter saying something like:

I know I never paid you in full for your services in handling my divorce. At the time I just didn't have the money. I think you understood that and I appreciate your consideration in not pursuing the balance.

Since I'm in a position where I can afford more, I hope you will accept the enclosed check to settle any balance I owe.

Thanks again for your help and consideration.

ordinaryguy · Jan 19, 2007, 07:21 AM

I had a tenant once who skipped out on his last month's rent. Several years later, he showed up out of the blue and paid it. That was at least 25 years ago, and to this day, I hold him in high regard for doing it.

I'd say pay it. There's very little chance he'll try to collect interest and penalties, and you both will feel better about it.

Allheart · Jan 19, 2007, 07:45 AM

Hi my very favorite excon.

Yes, I say pay it as well. You will feel better. Now before you do, is there a way to get free legal advice? Perhaps there is some sort of legal letter that is already in place for situations such as these.

The guy sounds like a good guy and doubt very much he would pursue interest and penalties. To me, your clear conscious is worth the remote risk.

If this avenue doesn't work, I do like the charity suggestion.

excon, I say go for it. Write the letter, enclose the check and get a good nights rest :)

Your letter could read something like:

During a recent audit of my financial paperwork, I discovered that there was a balance remaining for services received. As a result, please accept this check to satisfy this existing balance.

Sincerely,
excon

excon · Jan 19, 2007, 08:08 AM

Hello Allheart:

By golly, I think you may have hit upon something. I laughed when I saw Excon as the signature to my letter. But, then I thought - yeah, I can do this anonymously.

I don't like the charity angle. Although unburdening myself of the money may satisfy MY conscience, it does nothing for HIS bank account, and THAT'S where the debit is.

But a money order, signed by "John Doe", might do the trick. Of course, he wouldn't be able to reconcile his books because he wouldn't know where it came from. He'll still think I'M a deadbeat. And, does THAT matter? Do I need HIM to think well of me?

It's so much easier to figure out other peoples stuff, and tell them what to do.

excon

Allheart · Jan 19, 2007, 08:21 AM

Okay my good friend,

The let's try it this way. Allheart comes to her good friend Excon.

So Excon, it seems I have this outstanding debt from many moons again. I now have the funds to cover it, and the guy I owe it to, has never called, never sent me a letter and really took care of me when I needed him.

I really would like to pay this debt, but I fear that if I do, I may be opening up a can of worms.

My dear Excon, I really need to tap in to that incredible wisdom that you posses. What should Allheart do? Should I pay this debt or not? If I pay this debt, how do I go about doing so.

Hee hee. Did it help any. What would you tell me Excon?

Honestly, Excon, I really think you should pay. It's what you are fighting within yourself to do, it is what you want to do. Follow those great instincts that you have. No, I wouldn't do it hiding under a blanket, that's not your style, plus you want to be sure the debt is officially cleared.

What you think? What's the worse that can happen?

ScottGem · Jan 19, 2007, 08:41 AM

I thought of the 'gee I just realized I owe you' approach and it's a valid one. Personally I would prefer thanking him for his forebearance. This goes along with the concept of Pay It Forward. By using that tactic, the next time he has a client where he knows money is tight he is more likely to give them some slack figuring they will pay when they can.