Puerto Rico Demand for Payment of an Open Account by Creditor

State:
Multi-State
Control #:
US-0245BG
Format:
Word; 
Rich Text
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Description

An open account is created when the parties intend that the individual items of the account will not be considered independently, but as a connected series of transactions. In addition, the parties must intend that the account will be kept open and subject to a shifting balance as additional related entries of debits and credits are made, until either party decides to settle and close the account. In an open account, there is but one single and indivisible liability arising from the series of related and reciprocal debits and credits. This single liability is to be fixed at the time of settlement, or following the last pertinent entry of the account. Finally, the balance must be mutually agreed on by the parties or implicitly imposed on them by law.

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FAQ

What is PROMESA? The Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) is legislation intended to help address the fiscal crisis in Puerto Rico.

PROMESA mandates that the Governor must submit any new law, executive order, joint resolution, rule, or regulation to the Oversight Board for review. The Governor must include a formal estimate of the impact, if any, that the new law will have on Government expenditures and revenues.

A creditor is a someone to whom you owe a debt. If someone owes you money, you are a creditor of that person. If you can't pay a debt when it's due, the creditor may try to collect the debt by sending you a demand for payment, or the creditor may assign the debt to a debt collection agency.

PROMESA's Title III follows roughly the U.S. bankruptcy law. Puerto Rico's creditors are separated into groups based on the different legal rights of their claims, such as the kind of bonds they own or other claims, such as pensions.

In Puerto Rico, consumer debt such as HOA & Condo fees have a statute of limitations of 4 years.

PROMESA Other short titlesPROMESALong titleTo establish an Oversight Board to assist the Government of Puerto Rico, including instrumentalities, in managing its public finances, and for other purposes.Enacted bythe 114th United States CongressCitations6 more rows

In 2016, Congress passed the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA), which created the Puerto Rico Financial Oversight and Management Board to restructure the Commonwealth's unsustainable burden of more than $72 billion in debt and more than $55 billion in unfunded pension liabilities.

The Puerto Rican government-debt crisis was a financial crisis affecting the government of Puerto Rico. The crisis began in 2014 when three major credit agencies downgraded several bond issues by Puerto Rico to "junk status" after the government was unable to demonstrate that it could pay its debt.

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Puerto Rico Demand for Payment of an Open Account by Creditor