I used to study in the US and accumulate some credit card debt. I am not a US citizen nor a permanent resident. I am also not living in the US. Are there any ramifications legally besides a bad credit. I have no plans to live in the US.
You did not indicate in which state you incurred the debt so I will answer based on NY law. Under NY law if you are absent from the statute of limitations (i.e., time period within which a lawsuit must be started against you) doesn't run out. There are certain exceptions but the general rule then is that if a claim against someone would have run out if he stayed in the state, but he left then later came back the claim can still be brought against him.
Also, a creditor may be able to sue you and obtain a default judgment even though you are not here. In New York, for example, service of legal papers to your last know address might be made. A resulting judgment could then (at least potentially) be enforced against you in a foreign country. In practice U.S. creditors often will not seek to enforce U.S. judgments outside the U.S. unless the judgment is against a debtor in a country where attorneys can be hired on a contingency fee basis to pursue collection matters (like they are in the U.S.)
Please feel free to visit the Frequently Asked Questions (FAQs) on our website at www.starrandstarr.com and posting on our Blog at www.newyorkbankruptcylawyerblog.com/ for further information regarding debtor-creditor matters.
The foregoing is not intended as legal advice for your situation. Facts and circumstances not disclosed in your brief posting may materially affect your rights you should consult with an attorney in your jurisdiction. The law may be different than that of NY in the jurisdiction applicable to your matter. so you should consult with an attorney admitted in that jurisdiction,
I agree with Mr. Starr's advice. While it may be possible to get a judgment against you, it is unlikely that they will pursue collection against you if you are in another country and have no plans to live in the US.
Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Larkin strongly advises the questioner to confer with an attorney in their own state to acquire more information about the specifics of their case.
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