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Credit Card Debt Collection issues with overdue or defaulted credit card debt.

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Old 01-28-2008, 11:10 AM
sdbl sdbl is offline
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Exclamation Foreign Debt
My husband is from the UK and left a credit card there when he moved here 2 years ago unpaid. He did leave the card company contact info which they didn't use but that is beside the point. However, until the time he moved here had made timely and regular payments on this account. We have now received notification by summons that he is being sued in the county court here in Dallas. I have several questions that I hope someone can shed light on.
1. Can he be sued here for enforcement of a contract he signed in England under the Consumer Credit Act of 1974 which states that action can only be taken in the county court of England?

2. Is the credit card company required to contact him before they file the lawsuit (too late) to try to collect the debt? They obviously know where to find him since they had him served papers.

3 Eventhough we live in a community property state can a lien be placed on a property I have owned solely in my name since before marriage for a debt he incurred before our marriage?

I do know we have to answer the summons ASAP I am just looking for help as to legality of this matter

Thanks, I have found a lot of info on here but nothign dealing specifically with this issue.
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Old 01-30-2008, 07:48 PM
Mr. Knowitall Mr. Knowitall is offline
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Default Re: Foreign Debt
Your husband wants to fly to the U.K. to fight a lawsuit over delinquent credit card debt? He owes them the money, they're suing him where he lives, and that about sums it up. No, they don't have to give him "one last chance" to pay money that he knows he owes before they sue him.

The creditor should not be able to place a lien against your separate property.
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Old 01-31-2008, 10:14 AM
sdbl sdbl is offline
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Default Re: Foreign Debt
NO he does not want to fly to England...not sure where that came from. He has no problem paying the debt to the original creditor. We just had no idea he could be sued here for a foreign debt which clearly says he can only be sued there if it came to that. He paid the card religiously until he moved here and then got busy with immigration process, moving across country, and paying major medical bills with our newborn until he completely forgot about this card. He had given them forwarding info so he could continue to pay but never received another statement or info from them until this lawsuit cropped up. Anyway thanks for your reply....
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