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  1. #1
    Join Date
    Jun 2012
    Posts
    3

    Default Statute of Limitations After Leaving the U.S. for Four Years

    My question involves collection proceedings in the State of: California

    I used Credit card money for down payment of my house and was able to pay minimum balance for a year.
    In 2008 I lost my job and had to leave US (VISA problem). I had to sell my house with a huge loss (100K+).
    After 3 months of leaving US I couldn't pay any further.
    I liquidated my 401K and started a business 2 years back (outside US).

    Few facts:
    I was outside US when the first default happened.
    No agency was able to contact me as I was never in US (no summons).
    Today I stand in a position to pay 20% of the initial amount.
    Nobody in my family knows about this mess.
    My driving license expired long back and I don't have any address attached to me.

    Questions:
    1> Does SOL work on this case? I was never in US after first default.
    2> Should I call the CC and talk of settlement? Not sure who has bought my credit.

    I do not plan to travel US (as of now) but would try to do what should be ethically & pragmatically done. Needs to be legally safe too.
    I am open for advice. I never planned this but was forced for this situation.

    Thanks in advance.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Statute of Limitations After Leaving the U.S. for Four Years

    The statute of limitations is tolled (put on hold) when the defendant is absent from the state.

    Ethically you should pay your debts.
    Pragmatically, if you never intend to return to the US and you have no fear of adverse credit reporting from this situation, there's nothing they can do to you.

  3. #3
    Join Date
    Jun 2012
    Posts
    3

    Default Re: Statute of Limitations After Leaving the U.S. for Four Years

    I was not in California when first default happened. Does this help me?
    How can I know who has my debt control?

    Thanks

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Statute of Limitations After Leaving the U.S. for Four Years

    It matters not where you were when you defaulted, only where the account was opened.
    If you want to settle the debt, contact the company you borrowed it from. It's possible it has been assigned, but most likely it has not.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Statute of Limitations After Leaving the U.S. for Four Years

    If you open a credit card account in one U.S. state, the later move to another and default in that new state, the credit card company can sue you in the new state. However, when you move from the state in which you opened the account to a foreign nation, no other U.S. state involved, it's as flyingron suggests.

    A debt to a credit card company will not affect your eligibility for a visa. A debt on a credit card is a civil (non-criminal) matter, and immigration authorities do not run your credit report.

  6. #6
    Join Date
    Jun 2012
    Posts
    3

    Default Re: Statute of Limitations After Leaving the U.S. for Four Years

    Thanks for all the replies guys... As I am still out of US... Is there any agency to negotiate the debt on my behalf? How does it work? Any pointers will help

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Statute of Limitations After Leaving the U.S. for Four Years

    You start with finding out who now owns the debt. The best first place to call would be the original creditor. Along with that, get copies of your credit report from each of the 3 major credit reporting agencies. If the debt was sold to another entity, it may be reflected on your credit report. Then call whomever owns the debt and negotiate away.

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