Massachusetts Demand for Payment Due Pursuant to an Agreement with Notice that Failure to Pay Will Cause a Forfeiture to be Declared

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Forfeiture occurs when a person is in breach of a legal obligation, and the breach causes something to be lost or surrendered as a result of the breach. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a notice in a particular jurisdiction.

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FAQ

A general example of forfeiture is a failure to make payment under a contract for the sale of immovable property. The advance for purchase of property is likely to be forfeited under the contract.

Forfeit or forfeiture means losing a right, privilege, or property without compensation as a consequence of violating the law, breaching a legal obligation, failing to perform a contractual obligation or condition, or neglecting a legal duty.

Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.

Currently, four states have abolished the practice entirely: Maine, Nebraska, North Carolina and New Mexico. Many other states continue to allow it but place the burden of proof on the government instead of the property owner.

A: There are different legal theories of forfeiture. Property that the wrongdoer would not have had but for the crime can be forfeited as proceeds. For example, cash acquired through an unlawful activity such as drug dealing, or a car bought with cash from drug dealing can be forfeited under the proceeds theory.

Forfeiture is broadly defined as the loss of property for failing to obey the law, and that property is generally lost to the state. A person may have a vested interest in property to be forfeit in two ways: In personum jurisdiction and in rem jurisdiction.

The Consumer Protection Act (M.G.L. Chapter 93A ) protects people from unfair and misleading business actions. It gives buyers the right to sue in court and get back money they lost. The law also allows businesses to sue other businesses. This only happens when a business was dishonest or unfair to another one.

The demand letter serves three basic functions: It provides notice and information to business about the nature of the consumer's claim, It encourages business to negotiate a settlement rather than go to court, and. It controls the number of money damages a consumer may ultimately recover.

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Massachusetts Demand for Payment Due Pursuant to an Agreement with Notice that Failure to Pay Will Cause a Forfeiture to be Declared