I am a Clinical Psychiatrist, France. I have a patient who is retired here from the U.S.A., and lives off of S/S. Patient is suffering from major depression. 1) his S/S check arrives either late or has been stolen. 2) His daughter died and resides in the U.S.A.. He is afraid to return for her funeral. (Things he may be arrested for the following reasons).
Over ten years ago he purchased a new truck and traded his sport car in. The state he resided in gave him a clear title to the truck when they should have put the bank who gave him the credit as the lien holder. (Patient says "clear title, I own the truck"). Patient has since sold the truck with the clear title.
Patient took out cash loans on his credit cards amounting to almost $20,000 and moved to France. (Over ten years ago).
S/S received via courier service.
Not knowing american law, is there a statue of limitations on credit card debt. (can't touch him).
Please excuse english
Psychiatrist France
2006-10-07 14:16:55 · 7 answers · asked by MINDDOCTOR 7 in Business & Finance ➔ Credit
First, your English is excellent. Had no problem following what you are saying.
The previous responses are simply terrible! Trust me, I've done my research on this.
infernal's answer is what I would expect from a collection agent. Maybe he could explain his comment about social security fraud?????
To Daniel K, our licensed attorney (?), keep practicing. How is it you don't even understand the statute of limitations laws?
Your patient is safe. In every state, there is a statute of limitations on dedt. Credit card debt runs from 3-6 years (some as long as 10), so you are well that that.
I'm a little fuzzy about the details on the truck. Are you saying the truck was never paid for? On this type of debt, it's considered a "written contract" and the SOL does run a little longer. But again it's never more then 10 years. So again he should be safe. The worse case if they could somehow prove fraud in getting the truck then selling it. Not very likely.
As for his problems with his social security checks, he may want to have them direct deposited into a bank account. Not sure how it works in France, but I see no reason not to be able to aquire a ATM card and he could safely withdraw his funds.
Also, in the event he still has debt issues from the past, they can NOT garnish social security income.
So bottom line, he is safe. There is NO CHANCE he will get arrested if he returns to the states.
2006-10-08 03:41:35 · answer #1 · answered by Anonymous · 0⤊ 0⤋
By law in the US any unpaid debt is wiped off from a persons credit hystory after 7 years. (This is so our bankruptcy courts don't get overloaded with cases.) So 3 years ago those bills were written off as bad uncollectable debt.
This does not include cases of fraud which is a criminal offense that has a longer limitation in some cases.
Your patient should have a lawyer here in the US check to see if there are any warrants for his arrest. This should only take a few days (or hours even.)
This will let him know what is going on if anything.
bonsoir missuere (pardon mais l' Francios, s'il vous plait.)
2006-10-07 14:31:48 · answer #2 · answered by my_iq_135 5 · 2⤊ 0⤋
American credit laws state that the debt can only remain on his credit report for 7 years. There are 3 major credit bureaus in the U.S. Have him try to check his credit/debt situation on an American credit website like Experian.com, Equifax.com, or the 3rd one whose name I cannot currently recall. His biggest problem may be the truck situation if he still owes the bank money for the truck (you said he got a clear title by mistake). By checking his credit with the online credit bureaus (he can also try www.annualcreditreport.com) he will be able to see if he has any old debt still listed. If it has been at least ten years I doubt they even still have a record of his credit debt. Good luck.
2006-10-07 14:31:02 · answer #3 · answered by blondambition 4 · 0⤊ 1⤋
I'm a licensed non-practicing attorney. You can't get arrested for debt in the U.S.A. You can be sued, but there's no point in suing someone who doesn't have any money, and besides the people you owe money to have to find you, and nobody's going to tell them if you go to a funeral. Anyhow they can't keep you from leaving the country. Debts can be collected for 15 years, after which they are considered ancient history, but if you pay one penny during that time, the 15 year clock starts ticking all over again from that date. There is one exception. Government guaranteed student loans are never extinguished until you pay them off.
2006-10-07 14:33:10 · answer #4 · answered by Anonymous · 2⤊ 1⤋
It 7 years not 15 for collecting a debit. An attorney told me this. You won't get arrested for this.
However, he could get arrested for credit card fraud. If he charged all this without the intention of paying it back. The Statue of limitations on credit fraud may have ran out as well. I think it would go by the state he used to live in.
2006-10-08 03:24:14 · answer #5 · answered by webworm90 4 · 0⤊ 1⤋
I agree it truly is a huge rip off. After 7 years in case you write to them and ask them to do away with out of your credit checklist, i think of they might desire to except it truly is a few thing like a central authority own loan. each so often you may get them to barter. yet once you have already got a courtroom date and activity has accrued, they might get a judgment against you. Do you have time to seek for suggestion from with criminal help, in case you may no longer locate the money for an lawyer. Or in case you may in basic terms locate the money for the consultation fee for the lawyer, that could be helpful to you. good success!
2016-10-02 01:32:45 · answer #6 · answered by catherine 4 · 0⤊ 0⤋
If he didn't bother to pay back the debt on his credit cards they could sue him to recover the money he owes them, plus court costs, plus interest. It's got nothing to do with the truck, but I'd be a little more concerned with the Social Security fraud.
2006-10-07 14:24:45 · answer #7 · answered by infernal_seamonkey 4 · 0⤊ 2⤋