QUESTION

What is the future implication if I left credit card debts in the US and I am now in Poland?

Asked on Mar 29th, 2015 on Bankruptcy - Illinois
More details to this question:
I’m from Poland and I got married in the USA in 2009. My husband abused me so I moved back to Poland in a couple of months. I have two credit card I have to use to move back home and they are completely submerged because of the travel costs. I can’t pay them, I have no money. I’m not going to return to USA. What could the future implications? The debt may deduct from my husband? Thank you so much for all your help! Have a nice day! Thank you again!
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7 ANSWERS

Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Credit card debt is a civil, not a criminal matter in the US. While the creditor could sue you in the US, unless the amount of debt is in excess of $25,000 US, it is doubtful that the creditor would go to the bother or trying to find you outside of the US or bringing legal action in your country under international treaty to collect from you. If your spouse cosigned or guaranteed payment of these accounts, it is likely that the creditors will look to him for payment. That's his problem!
Answered on Apr 01st, 2015 at 10:15 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Whoever now owns your debt on those cards would have to sue you to attempt to collect. Since you're out of the country, they'd have to sue you in Poland. While it's always possible, if they haven't attempted to collect in 6 years, it's unlikely they will try in the next couple years. Depending on the state you lived in, the lender's right to collect expires anywhere from 8 to 10 years after you made your last payment.
Answered on Apr 01st, 2015 at 4:37 AM

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Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
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Sorry to hear about your troubles. They go after husband, I assume to be ex-husband shortly, if he is a co-signor on the account. If the account is strictly in your name, he's not obligated to repay. When a debt is not paid, basically two things could happen and the timeframe we're talking about is typically between 2 and 4 years: 1) the creditor writes off the debt, debt is sold maybe resold several times, no one ever brings a lawsuit to court, statute of limitation for filing a lawsuit expires - In this scenario after the SOL expires basically the debt is uncollectible 2) same as above except the creditor or a third party who purchased the debt sues in state court, gets a judgment in an attempt to collect from assets (bank accounts, wages, real estate holding) - if they are inclined to spend the extra money they can go after debtor's assets in another country Will they go after you in Poland? Can't say for sure, but it's not likely unless we're talking about a significant sum of money and by that I mean more than a couple of thousand dollars, and the creditor has reason to believe that there are sufficient assets abroad to go through the extra trouble and expense to domesticate the judgment abroad. As far as your credit scores, I assume you don't care too much about this if you're not coming back. After 7.5 years this should fall off the credit report unless the debt is reduced to a judgment in which case that will stay on credit report until it expires assuming it is not renewed.
Answered on Apr 01st, 2015 at 4:26 AM

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You will have a bad credit rating here and maybe a judgment against you.
Answered on Apr 01st, 2015 at 4:26 AM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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Against you very little can be done since you are in Poland and not going to return to the US although you might have a hard time getting credit in Poland (I do not know) Your husband can be charged IF he was a cosigner on the accounts.
Answered on Apr 01st, 2015 at 4:23 AM

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Debt Collection Attorney serving Chicago, IL
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A husband who does not undertake in writing to pay a wife's credit card debt is not liable for it.
Answered on Mar 31st, 2015 at 5:55 PM

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If you incurred the debts in Wisconsin while you were married, then they are 'marital' debts and the creditors can seek to collect from you former husband. This is so even if the divorce court assigned the payment of the debts to you. If they remain unpaid, the creditors could try to get a judgment against you, although they would have to find you in Poland to make it stick which seems unlikely. I do not know the effect of an unpaid debt or judgment on your right to return to the US. For that you should consult an immigration lawyer, which is its own specialty. Good Luck.
Answered on Mar 31st, 2015 at 5:55 PM

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