Skip to main content

What would happen if someone took out a large bank loan then got fired and then left the country forever? silly isnt it?

England, AR |

UK

Attorney Answers 3

Posted

I'm not quite certain if this is a real question. My guess is that they would be unable to get a loan that wasn't secured by some sort of personal property that would make it worthwhile to flee the country with the "cash". Most large loans require you to "secure" it with equity in personal property. But, beyond that, if that was the intention when getting the loan one could argue that the "person" was committing civil and criminal fraud and could be prosecuted for that and for theft by deception. Doesn't sound like a good idea by any accounts.

I am an attorney licensed to practice law in Ohio and some Federal Courts throughout the United States. I am not answering your question to solicit you as a client and there is a good chance that I am not licensed to practice law in the state that you reside. I hope that you find my assistance beneficial and, at most, use my advise as a finger pointing in the right direction. An attorney client relationship is not established by posting back and forth online. One of the most beneficial aspects of working with an attorney is the attorney client privilege which does not exist when you post personal facts online to faceless strangers. Hire an attorney if you want specific legal advise. If you cannot afford one, call your local bar association or search "(your city) legal aid" online. The fact that you took the time to post your question online likely means that you could use the aid of an attorney. Call around your area and see if any local attorneys offer free consultations.

Mark as helpful

2 found this helpful

4 lawyers agree

1 comment

Asker

Posted

Thanks. Strange question, I know. A friend of mine told me that if you cant pay back a bank loan you can leave the country and as long as you dont return within 6 years the debt is written off? would the bank or authorities not try and track you down?

Posted

In theory, the lender could sue the debtor in the US, and then have the judgment registered in the country where the debtor resided. As long as the debtor lives in a country where the US has a treaty recognizing US civil laws, the debt could be personally enforced using local laws.

Or the creditor could take the court judgment to any country where the debtor owns property and, assuming a treaty recognizing US laws, could attach the property according to local laws.

BTW, our local Bankruptcy Judge just got back from Ireland & says bankruptcy laws require payments for 13 years and no exemptions. Yikes!

Mark as helpful

1 found this helpful

5 lawyers agree

2 comments

Asker

Posted

Thanks so much. but what if the debtor moved to africa or asia or somewhere with a different law system with no plans to return? also would he/she be tracked down by debt collectors or authorities? on a side note would it not just be possible for someone in that situation to declare bankruptcy? sorry about the weird questions

Dorothy G Bunce

Dorothy G Bunce

Posted

While it is unlikely that a creditor would make the effort to track someone down, many countries have treaties with the US to honor US laws. Whether the person is eligible to file bankruptcy would be defined by the laws of the country where the person lives, and most countries have bankruptcy laws that are much more restrictive than the US.

Posted

I agree. You could both be prosecuted, as well as it depends on whether the county you would flee to would have a treaty with the U.S. in regards to U.S. civil laws and them recorgnizing a judgmenet obtained agianst you in the U.S.

Please do not take my answer to be legal advice that would establish any attorney-client relationship. Please take it as a general response from my own experience in response to your question. I hope you find it helpful.

Mark as helpful

1 found this helpful

2 lawyers agree

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics