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I have some pretty big debts....one for 13,000 on a CC, one for 7000 on a apt rental.

The SOL is coming up in a few months, is it likely that they'll start to sue me now? I live overseas, is it legal for them to just come by my parents' house and serve my parents with the paper thinking they'll give it to me? their address is listed as one of my old addresses

Also, I have another debt for around 7000 on a car loan, but when I looked at the credit report it's gone, this is a report from Transunion.

Lastly, under each of my accounts, it says Date Opened, does that mean the date the I first signed up for the loan? cause that's not the correct date then!




I can't give advice on all of your issues, but one I think I know the answer to is that if you live overseas (or even in another part of town) I don't think they could deliver papers to someone else. Did your parents sign with you on your loan? That would be a different case then, but it doesn't sound like it from what you said.

Get all of your paperwork regarding these loans and CC. Some of our more savvy forum members I know can help you in getting answers to your questions. Read through the different posts and you might find some answers before then.

Sub: #1 posted on Fri, 07/18/2008 - 08:07

Lorri Lorri
Moderators
(Posts: 1721 | Credits: 224.67)

You potentially could have bigger problems than if a "Date Opened" is listed correctly on your credit reports. :(

Going overseas will not render these debts inert -- be clear on that. Credit systems are growing ever more global, and while I do not know the rules that apply, a defaulted credit card in the U.S. can certainly follow you in credit matters in other nations.

Can a debt collector hired by your creditors serve you? Yes. They can merely run your name in the newspaper or post a notice at the last valid address you provided your creditors, or yes, give the notice to your parents if they accept it. The point is if they have the last valid address that you provided your creditors that might provide them with a defense in court if you (or your authorized agent(s) raise objects to their method of service).

As for your being sued, yes you can be sued on the debt that is coming up on its SOL (you can be sued even after the SOL, but post-SOL you would have a legal defense for not paying it). Since you are out of the country, and assuming that you are still served in a method that meets the rules of the locality involved and are not able to defend in court, you could very well find a judgment against you that will not go away. This opens your known assets to seizure; and although you might be overseas, this potential situation will await you if and when you return.

The best action that can undertake right now (assuming that you are unable to clear these debts or have no desire to) is to gather all of your records regarding the accounts in question (in case you have to turn them over to your parents who might need them if they consult a lawyer on your behalf), and review the contact info on your credit report -- does it possess non-U.S. contact info?

Regardless, have your folks (if they are willing) or a trusted friend(s)line up a lawyer if possible in case you are sued, because you do not want to be sued if you are out of the country and unable to fight off a summary judgment.

Good luck.

Sub: #2 posted on Fri, 07/18/2008 - 10:16

Codie Codie

(Posts: 26 | Credits: 2.87)

codie,

the op said that his parent's address is one of his former addresses not his current address, so this is not legal service.

there is not court in this country that has jurisdiction over him since he is not living in this country. So any judgement they get against him can easily be vacated with proof that he was living overseas prior to the suit being filed thru the date the judgement was entered.

Newbie, send the court a letter showing proof that you are not living in this country and request either the case be dismissed or postponed if you are returning within a reasonable timeframe.

Sub: #3 posted on Fri, 07/18/2008 - 11:19

Unregistered


I thought when someone was served with papers it had to be that person.

Sub: #4 posted on Fri, 07/18/2008 - 12:24

Lorri Lorri
Moderators
(Posts: 1721 | Credits: 224.67)

Dear "Guest",

The main problem is that the OP is not telling us which state would concern any potential suits. Do we actually expect debt collectors to adhere to the laws on service? Service can be served. Default judgments can be filed and later vacated -- but many of the possible outcomes are not easily gleaned given what the OP has not provided in their post.

Regardless, if sued and a default judgment is obtained, the OP's credit reports will be dinged for additional years and those dings have the ability to follow overseas -- although we are not aware where the OP is currently living.

"Newbie" has not indicated that he has been sued by anyone to date, therefore, your advice may not currently serve his needs -- besides, if the OP is a citizen of the United States, why would he not be subject to U.S. laws? Hence, my suggestion to the OP to consult a lawyer.

Sub: #5 posted on Fri, 07/18/2008 - 12:51

Codie Codie

(Posts: 26 | Credits: 2.87)

To add a bit more info, no my parents were not co-signers to any of my debt.

They live in PA while the debt was tkaen place while I lived in CA.

I've never been sued before.
Ijust want all this to go away so I can start my life over again. :(

Sub: #6 posted on Fri, 07/18/2008 - 19:06

Unregistered


The problem is that they can sue at any time before or after the SOL. The SOL is only a defense for a suit but does not stop a suit. My guess is if you ever come back to the U.S. you will find a judgment against you unless you happen to find out somehow that they are suing you and you defend it somehow from oversees. I suspect you could defend it with improper service and improper venue but you would have to know they where trying to serve you. There are a lot of snake CA's out there that specifically serve you improperly simply to get a default judgment.

Also someone on this board posted something previously about the SOL time clock not ticking if they could not serve you because you lived in a foreign country. Basically it read something like if you were gone for 2 years then the SOL increased by 2 years.

Sub: #7 posted on Fri, 07/18/2008 - 20:51

DOLLARSandSINCE DOLLARSandSINCE
Moderators Cum Industry Expert
(Posts: 1078 | Credits: 137.97)

Being out of the country would toll the SOL.

Sub: #8 posted on Fri, 07/18/2008 - 21:59

NASCAR_Devil NASCAR_Devil
Moderators Cum Industry Expert
(Posts: 4665 | Credits: 308.23)

I see removed what I had put here your company is scared of the trurth. That I'll right I will just post it where it can effect you better!!!!!!!!

Sub: #9 posted on Sat, 07/19/2008 - 03:21

Unregistered


But how would they know that I'm overseas? I've never notified anyone. Unless if i filed my taxes from overseas,and they have access to that?

?H, I am interested in seeing what you wrote.

Sub: #10 posted on Sat, 07/19/2008 - 03:42

Unregistered


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