Also known as:install · installs · installed · installing · installments · instalment
Written by attorneys · grounded in primary & secondary sources — see below
A periodic partial payment of a debt or other obligation.
Sources & Authorities
How it applies
Common Examples
6
Mortgage Default Triggers Acceleration
Ivan Ivanov fell behind on two monthly mortgage payments to Infinity Bank. The note contained an acceleration clause. Infinity Bank declared the full balance due after the missed installments and initiated foreclosure proceedings.
Age Verification Statute Struck Down
A federal statute required commercial websites to collect credit card information before allowing access to material deemed harmful to minors. The Court held the law unconstitutional because less restrictive alternatives existed and the government failed to prove the measure was the least restrictive means.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
After Ingrid Innes died, her surviving spouse petitioned for a family allowance under the Uniform Probate Code. The court awarded a reasonable sum payable in monthly installments for up to one year to cover maintenance during estate administration.
Support Decree Modification Denied
Ira Irving moved to reduce his monthly child support obligation after losing his job. The court refused modification because the change in circumstances was not so substantial and continuing as to render the existing installment terms unconscionable.
Installment Land Contract Default
Isabella Ingram purchased land from Island Manufacturing under a contract for deed requiring monthly installments. After Ingram missed several payments, the seller retained title and pursued forfeiture under state law governing installment land contracts.
Recording Act Dispute Over Partial Payments
Ian Iverson bought land under an installment land contract and had paid half the price when a prior unrecorded claimant appeared. The court awarded Iverson the land to the extent of his equitable interest but granted the prior claimant a lien for the remaining balance owed.
Common questions
Frequently Asked
4
What happens when a mortgagor misses an installment payment?+
The mortgagee may exercise an acceleration clause to declare the entire debt due, provided the clause is exercised in good faith and any required notice or cure period is given.
Supporting sources
Can a family allowance under the Uniform Probate Code be paid in installments?+
Yes. The allowance may be paid as a lump sum or in periodic installments and may not continue longer than one year if the estate cannot discharge allowed claims.
Supporting sources
When may a court modify support installments in a divorce decree?+
Modification is permitted only as to installments accruing after the motion and only upon a showing of changed circumstances so substantial and continuing as to make the terms unconscionable.
Supporting sources
What remedies does a seller have upon default under an installment land contract?+
The seller may pursue forfeiture in some jurisdictions or foreclosure, and state law may impose mortgage-like protections for the buyer.
Supporting sources
384 U.S. 436 (1966)Evidence
…will of counsel and how much influence he can have on the accused. Obviously there is no warrant in the Fifth Amendment for thus installing counsel as the arbiter of the privilege. In sum, for all the Court's expounding on the menacing atmosphere of police interrogation procedures, it has failed to supply any foundation for…