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  1. #1
    Join Date
    Jan 2012
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    7

    Question Passport Renewal Abroad After a Failure to Appear in Court

    My question involves criminal law for the state of: New York

    A naturalized U.S. citizen with credit card debt is living abroad and wishes to renew his passport in a couple of years. While abroad, he was notified over the phone by a friend (non-relative), that a court summons has been glued onto his mailbox. Apparently, a debt collection agency is suing him for unpaid debt. My question is:

    Could he have problems renewing his passport from abroad?

    I have searched online, and wasn't able to find anything that says he would have problems. I also looked carefully through Title 22: Foreign Relations, PART 51—PASSPORTS, Subpart E — Denial, Revocation, and Restriction of Passports, and found the following:

    § 51.70 - Denial of passports

    (a) A passport, except for direct return to the United States, shall not be issued in any case in which the Secretary of State determines or is informed by competent authority that:

    (1) The applicant is the subject of an outstanding Federal warrant of arrest for a felony, including a warrant issued under the Federal Fugitive Felon Act (18 U.S.C. 1073); or

    (2) The applicant is subject to a criminal court order, condition of probation, or condition of parole, any of which forbids departure from the United States and the violation of which could result in the issuance of a Federal warrant of arrest, including a warrant issued under the Federal Fugitive Felon Act;
    It seems to me that none of these can be applied to his situation, but I want to be sure I didn't miss anything.

    Can anyone please shed more insight to this? Would the fact that he didn't show up in court have an effect on his passport renewal? I mean, if they issue a warrant for his arrest because he didn't show up, that wouldn't be a "criminal court order", or would it? And if it were a criminal court order indeed, then I'm not sure whether or not number (2) above only talks about criminal court orders which specifically forbid departure from the United States? I don't get it.

    I'm just somewhat confused. Help would be much appreciated! Thanks to everyone on the forum.

    Vasily

  2. #2
    Join Date
    Sep 2011
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    Default Re: Passport Renewal Abroad After a Failure to Appear in Court

    No you are fine. Come back, go to court and pay your debt.

  3. #3
    Join Date
    Jan 2012
    Posts
    7

    Default Re: Passport Renewal Abroad After a Failure to Appear in Court

    Here is the complete text for § 51.70 - Denial of passports: http://law.justia.com/cfr/title22/22....33.5.5.1.html

    There is also a different version, perhaps updated, now § 51.60 it seems: http://www.uscis.gov/ilink/docView/2...-0-0-3335.html

    Vasily

  4. #4
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    Default Re: Passport Renewal Abroad After a Failure to Appear in Court

    You are confusing the words "received by the United States Government" with "received in the United States". The clause you are concerned about refers to monies loaned to you by the US government, usually for emergencies or possibly student loans. Owing credit card debts to say Chase or Bank of America are not related to the US government and thus, do not apply to the restriction you are concerned with. Further, credit card debt, absent a fraud charge by the court, would not result in any warrant. It is deemed a civil matter. A fraud charge would only result from something like unlawfully using another persons credit card.

  5. #5
    Join Date
    Jan 2012
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    7

    Default Re: Passport Renewal Abroad After a Failure to Appear in Court

    Anyone? I appreciate it.

  6. #6
    Join Date
    Jan 2012
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    7

    Default Re: Passport Renewal Abroad After a Failure to Appear in Court


  7. #7
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Passport Renewal Abroad After a Failure to Appear in Court

    Seriously.

    The passport is not going to be revoked on non-renewable based upon a CIVIL debt and people are not arrested for not showing up in court for a civil debt related matter.

  8. #8
    Join Date
    Jan 2012
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    Tacoma, WA
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    1,534

    Default Re: Passport Renewal Abroad After a Failure to Appear in Court

    Dogmatique is correct. The summons in your scenario is civil in nature, not criminal. I also agree that it is unlikely that any FTA warrant will be issued. What will likely happen is the court will simply find in favor of the civil plaintiff (the credit card company). But, with your friend out of the country, they likely have few, if any, avenues to actually collect...at least none that are finacially advantagious to them (assuming your friend hasn't racked up millions on his Visa card )

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