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Old 07-03-2010, 01:24 PM
 
3 posts, read 65,916 times
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These questions concern $8000 in debt to Chase, a credit card company.

1) What are their chances of collecting US debt after the debtor moves to a European country? How is it done, and what obstacles would they face?
2) What are the consequences of visiting in the US with outstanding debt where payments have ceased?
3) Can they freely accrue interests and pile fees on top and let the whole thing fester for 6 years, then take legal action before the debt expires?
4) Are there realistic chances of renegotiating the debt, or is that a fairytale scenario?

This debt is not my own, and I will have to assume responsibility for part of it. Moving will not be done for sake of escaping debt, it's an obstacle that's preventing us from living together. If you must bash, you're free to do so. I'm sorry if I offend anyone with the question. Thank you in advance for any helpful answers, feel free to elaborate if there are issues about the situation I haven't covered.
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Old 07-03-2010, 02:22 PM
 
Location: North Texas
24,561 posts, read 40,080,953 times
Reputation: 28547
Quote:
Originally Posted by Kitties View Post
These questions concern $8000 in debt to Chase, a credit card company.

1) What are their chances of collecting US debt after the debtor moves to a European country? How is it done, and what obstacles would they face?
2) What are the consequences of visiting in the US with outstanding debt where payments have ceased?
3) Can they freely accrue interests and pile fees on top and let the whole thing fester for 6 years, then take legal action before the debt expires?
4) Are there realistic chances of renegotiating the debt, or is that a fairytale scenario?

This debt is not my own, and I will have to assume responsibility for part of it. Moving will not be done for sake of escaping debt, it's an obstacle that's preventing us from living together. If you must bash, you're free to do so. I'm sorry if I offend anyone with the question. Thank you in advance for any helpful answers, feel free to elaborate if there are issues about the situation I haven't covered.
If you ever intend to live in the US again, take care of it before you leave or make arrangements to continue payments once you leave the country. I left the US and lived abroad for several years about 10 years ago in various European countries and paid down an old credit card balance for several years while abroad. I never intended to stay in Europe permanently so I did not have a huge hot mess waiting for me when I returned. Even if you do not intend to live in the US, you really should take care of it. Why? Because it's the right thing to do.

If you came for a visit, the consequences of an outstanding debt would most likely be nothing. It's not a criminal offense per se so it's not like they would arrest you on arrival.
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Old 07-03-2010, 02:58 PM
 
3 posts, read 65,916 times
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We do not intend to escape the debt. We intend to pay outstanding medical bills of $5000 (on top of this) in full, although that'll take some time, and we intend to seek negotiation about the credit card debt. In order to negotiate, I need to know the outcome of all scenarios in order to understand their options and reasoning. If they'll accept half the amount, I'll be able to borrow that from family members.

Do you know anything about letting interests pile up if we default? In 6 years it'll be 480% of the original amount, far more worthwhile to go after. It's my understanding that we can only seek debt negotiation after defaulting, please correct me if that's wrong.
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Old 07-03-2010, 03:37 PM
 
Location: North Texas
24,561 posts, read 40,080,953 times
Reputation: 28547
Quote:
Originally Posted by Kitties View Post
We do not intend to escape the debt. We intend to pay outstanding medical bills of $5000 (on top of this) in full, although that'll take some time, and we intend to seek negotiation about the credit card debt. In order to negotiate, I need to know the outcome of all scenarios in order to understand their options and reasoning. If they'll accept half the amount, I'll be able to borrow that from family members.

Do you know anything about letting interests pile up if we default? In 6 years it'll be 480% of the original amount, far more worthwhile to go after. It's my understanding that we can only seek debt negotiation after defaulting, please correct me if that's wrong.
Sorry, that is a bit beyond me. Maybe someone else who knows more will weigh in here or you could always try Google.
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Old 07-03-2010, 05:33 PM
 
Location: 23.7 million to 162 million miles North of Venus
22,801 posts, read 11,986,879 times
Reputation: 10137
Quote:
Originally Posted by Kitties View Post
These questions concern $8000 in debt to Chase, a credit card company.

1) What are their chances of collecting US debt after the debtor moves to a European country? How is it done, and what obstacles would they face?
2) What are the consequences of visiting in the US with outstanding debt where payments have ceased?
3) Can they freely accrue interests and pile fees on top and let the whole thing fester for 6 years, then take legal action before the debt expires?
4) Are there realistic chances of renegotiating the debt, or is that a fairytale scenario?

This debt is not my own, and I will have to assume responsibility for part of it. Moving will not be done for sake of escaping debt, it's an obstacle that's preventing us from living together. If you must bash, you're free to do so. I'm sorry if I offend anyone with the question. Thank you in advance for any helpful answers, feel free to elaborate if there are issues about the situation I haven't covered.
The chances of them collecting the debt directly from you would be slim if you are living in another country. If they sue you and win then they would have to domesticate the judgment to where you are living to be able to collect from any pay you make in that country, if where you would be living allows that, and to lein assets in the other country. So that probably wouldn't happen. But, if they sue and win and if you have any assets in the US then they may be up for grabs, your US bank accounts seized, your US property leined, your US paycheck garnished (if you are still working for the company in the US while you're overseas and if the state you live in allows wage garnishment).

Visiting the US probably wouldn't result in anything happening since they probably wouldn't even know you're here on the visit.

Yes they will probably be adding interest and fees. You mention 6 years for the SOL, had you actually looked up the US state that you are living in? The SOL for medical debts would fall under the UCC with a SOL of 4 years that begins on the date the medical service was provided and you were expected to pay. Credit cards are typically Open accounts and differ by state and the SOL begins either from the first default where the account was never brought current leading to the charge off, or, from the last payment or charge on the account before the account was charged off .. which one it would be would depend on state law

If you move to another country then the SOL may Toll. Meaning that the SOL stops running on the day you leave the country. So if you move back in six years you may still have years to go before the debts are SOL.

They can try to sue you while you're living in another country, as long as they follow the Rules of Service for the state you're living in. They may be able to serve your last known address, serve by publication, etc., and a default judgment could be granted against you. They could also sewer serve you and still get a judgment if you aren't here to dispute the service with the court. You can learn the Rules of Service for your state through a Google search. Put in your states name along with the phrase Rules of Civil Procedure. Read through the RCP to find the RoS. Judgment SOL is typically longer than Open SOL and begins on the date the judgment is entered, so they can sue you 5 years and if they win then the judgment SOL would begin on that date in 5 years.

The reporting period on your credit reports would be 7 years from the first major delinquency on the credit card, 7 years from the date of service on the medical account and 7 years from the date the judgment was entered if a judgment is granted.

There is always a chance to negotiate the debt. You didn't mention if these are fairly new debts that are still with the original medical provider and still with Chase, or if they are with debt collectors.

If it is still with Chase then try to get them to work with you, banks are more open to work with people these days then they ever had been before.
If the medical account is still with the original medical provider than contact them and try to make a deal. If it is with a hospital and the person who was treated is low income then go to the hospital and see if they will try to find help in paying it through charities, they always have lists of charities to try to use, and also see if they will reduce the amount themselves .. charity help or not.
If the accounts are still with the originals than you need to contact them as soon as possible before they turn them over to collections.
If the accounts are with collectors then you can still try to get the amount reduced and a payment plan.

No matter who you are dealing with get any agreement, amount reduction and/or payment plans, that you come to with them in writing. No writing, no agreement.
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Old 07-03-2010, 05:44 PM
 
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I thni it would be wise to know how debt is collected in the country your moving to. Credit card companies have offices all over the world it seems.Banking is pretty international now days.
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Old 07-04-2010, 09:17 AM
 
Location: Houston, Texas
10,447 posts, read 49,508,076 times
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My advice is always SCREWUM. They can not come after you outside USA borders. If you never respond to them by any method then the statute of limitations clock starts from the day of your last contact or last payment to them. Once you make a payment of any amount then the statute of limitations will reset to that day. Depending on what state the debt originated, the statute will run out in anywhere from 4 to 10 years and you are home free.

As already said, sticking it to a corrupt crooked immoral bank is not against the law. But it is in the debtee right to make every attempt to collect. And they are not often successful. They scare the debtor by piling on interest that is .001 shy of federal usury laws and add to that with unlimited legal fees because there are no laws specifying how much they can charge for that. It's a big joke. Just laugh at them.

Technically a medical debt can not be put on your credit report. President Clinton had that law put into effect back in the 80s. But the law has more loopholes then swiss cheese and those doing the collecting manage to get around that weak law. If the original medical debt was not collected then it is sold for 10 cents on a dollar to a collection agency who does have the right to put it on your credit report.

Just go and don't let these idiots scare you. When you come back to the states you will be home free from the wolves. You can also visit during the statute time. They won't know you are here. Even if they did there is nothing on Gods green earth they can do to you. When you do leave, leave no forwarding address and cancel your cell phone and drivers license. Leave NO money in US accounts as they can get a judgment against you and just take it without your permission.

Creditors have easy free access to everything you might think is personal information. Creditors have access to anything that law enforcement has. If you have just $25 in a savings account in Anytown, USA pop 50 they can find it and take it. A judgment can go against you simply because they claim they notified you of a hearing and of course you did not show up because you did not know about it. The laws are vague here. This judgment gives them the right to get a writ I think it's called (maybe not, I can't remember what it's called) which means they can take your money and your bank has to let them. The laws are in the wolves favor but us peasants can win. Pizz on banks.
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Old 07-04-2010, 11:16 AM
 
3 posts, read 65,916 times
Reputation: 11
While I do think they're scumbags, we cannot (morally) push off all responsibility for the debt. Their marketing tactics and credit policies are despicable, but the debt was accrued for bad reasons. We're not willing to pay the full amount if we have an alternative, and we can't afford to do so either.
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Old 07-09-2010, 04:09 AM
 
9 posts, read 42,132 times
Reputation: 17
There are debt collection companies that collects your debts abroad and give you information during the whole process.
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Old 11-28-2012, 03:13 PM
 
1 posts, read 17,771 times
Reputation: 12
November 27, 2012

An open letter to American Express and to Mr RUBEN ELBERG ... from American Express.

I have being a faithful customer of American Express since 1988, that is 24 years! ...
Having five different card accounts ... Platinum card, Platinum Optima, American Express preferred cash back, Starwood Preferred Guess and Delta Skymiles ...
My credit limit 3 weeks ago, was a little over $50,000 for MANY years ... I was NEVER 5 minutes late on any of my payment ... "Out of the blue" and without any notice, AMEX cut my credit line down from over $50,000 to $15, 200 ....The sudden decrease on my credit line will put a serious "dent" on my credit bureau, and my credit rating, as AMEX Knows!
Of course immediately I closed all my accounts, and promised American Express, that if they do not raise my line of credit to where it was, and since they are going to ruin my (so far) excellent credit ... I will not pay what ever balance is owed, (About $20,000) unless they, (amex) reinstate my accounts to the the level they were 4 weeks ago! ...
I spoke to some very nice Amex employees that promised help (none of that help has arrived), and to some very nasty ones ... bill collector types!
What has happened to me is nothing new! ... Many decent people and with no reason what so ever, are put on a bad spot (credit wise) by the practice of American Express!

Here is my question:
If I do not pay them, can they collect on me in Europe?
This is not a question of trying to get away from a bill ... My credit score WAS almost 800 average on the 3 bureaus ... now, 4 weeks later is about 750 ... this is a question about doing what is right ... also a matter of getting some people like me that have being hurt by AMERICAN EXPRESS together and to say ... STOP doing the wrong thing!
I can be reached at fun2do@me.com

Last edited by 1carlitos13; 11-28-2012 at 03:16 PM.. Reason: clutter email address
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