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High Credit card debt , lost my job.. what to do ?

Chicago, IL |

Hi,i have a credit card debt of $10,000 which I was paying slowly at my pace every month. Last week I lost my job and I am out of visa status in US and leaving the country in 5 days. I feel really bad that i couldn't pay it off but I have no money now.
1. I am worried, once I leave, the bank company in Illinois can sue me and make my misery (of not having a job) even worse.
2. I don't plan to come back to US once i leave but what if in 2 years, I might want to come back ? Will it be a big hassle (in getting a visa or a job) due to such a credit card debt ?
3. Will I be liable to pay this debt in case i come back to US in 2 years?
Pls Pls help.

Attorney Answers 2

Posted

The company certainly can sue you if you leave - your credit card contract gives a locality here in the US jurisdiction (probably DE or SD) in the event you leave the country. They'll simply obtain a default judgment against you. Now, I don't know if they'll go to that extreme if they cannot personally locate you in the US, but it is possible. That said, they certainly could come after you if you return to the US in 2 years - the SOL certainly won't have run out by then. And, I can tell you that with defaulted debt on your credit history, gaining employment will be very difficult, and it certainly can be a consideration is making a visa decision.

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Posted

On the visa status I am unsure how that would effect you if they got judgments. If you leave the country and don't pay then they eventually will get around to sue you and get default judgments. On coming back and getting a job an employer may take that into account that you have judgments against you in making a hiring decision or supporting your work status here. You will still be liable on the credit card debt after two years as the Statute of Limitations will not of run even if they don't sue you. It is rather unlikely that a Credit Card or collection law firm would enforce a judgment overseas but you never know. If you could postpone your leaving the country it is possible to file a Chapter 7 bankruptcy. Or perhaps the country you are from has bankruptcy which most countries do and then you could file there.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.

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