Help! Questions regarding credit card charge offs and judgements. It is a bit complicated as I used to live and work in the U.S but have relocated to another country. I am not a U.S. citizen. (i studied and worked there for a while)
I have multiple credit card charge offs that have large amount(over 5000 each). I have several questions:
1.I am wondering how likely will I get sued?
2.how will they serve me if I am no longer living in the country? I did not provide a forwarding address.
3.Does it matter that I am not a U.S. citizen? (will that harm or benefit my case?)
4.If they do serve me successfully for whatever reason, what do I need to do, considering that I am overseas? Should I react?
5.If I plan to come back to study or work after a couple of years, will this situation affect my chances of getting a student/work visa? What about a tourist visa?
I am very concern about the legal impacts. will i be okay if i use another passport to apply or something? thanks!!
2007-03-15 08:30:28 · 3 answers · asked by Anonymous in Business & Finance ➔ Credit
When you leave the country the statute of limitations (SOL) for collecting stop running until you return. Then the SOL will restart running.
It does not matter if you are a US citizen or not.
Using a different passport would be considered fraud and would come with much higher consequences than a few unpaid bills.
One other thing, if you leave the country without of paying the debts, they may consider it "intent to defraud".- again, another situation that has higher consequences than a few unpaid bills.
"Example of the SOL stopping" - the state you had lived in has a 6 year collecting SOL and you leave the country 1 year after you became delinquent. The SOL stops running. You return 8 years later. The SOL starts running again and runs for the next 5 years.
If you had lived in a state where a judgment is renewable for as long as it takes to have it paid - they may go ahead and get a default judgment against you.
They can wait to collect on it. The longer they wait, the more you will pay since you would have to not only pay court costs and atty. fees but also post judgment interest which will continue to accrue until the judgment + fees/costs are paid.
As far as the service, you may be sewer served or you may be served legally by the state laws - which could include just mailing the summons or even posting it in the newspaper.
If they do sewer serve you (illegally serve you) and get a default judgment, you would have a limited time to vacate the judgment before it becomes a legal judgment.
It may have a negative impact on you being able to return and it definately will have a negative impact if you want to attend school, apply for student loans or other types of credit, apply for a job, etc.
Your best bet, if you "ever" plan to return, is to take care of the defaults ASAP before they become judgments.
2007-03-15 10:04:01 · answer #1 · answered by echo 7 · 0⤊ 0⤋
i like it, they're going to settle exceedingly in the event that they even have the garnishee order which ninety% of the time is BS. proceed down that direction, negotiate problematical. perhaps enable them to comprehend that your aunt has given you some money and you opt to grant a freelance. supply them 1900 next month and tell them you used the money to pay off a number of your different lenders. do no longer enable them to play the activity fee activity as time is going by employing. additionally, get it in writing or you will possibly be effective that that 2k will finally end up being the "deposit" LOL. stable luck
2016-09-30 23:33:06 · answer #2 · answered by heusel 4 · 0⤊ 0⤋
you are totally safe; congratulations-you got over on them. #5 i really could not tell you
2007-03-16 02:29:23 · answer #3 · answered by CALIFORNIA GOLD 3 · 0⤊ 0⤋