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USA Debt being collected from UK

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I have been living back in UK for 4years now and have defaulted in credit card debt back in the USa where I used to live. It seems that the debt has been passed to Bonded Collection Corp. who have sent a letter my my parents address (who forwarded to me). I am in a bad situation as I am unelmplyed and have no property/ assets to help getting £3500 together. If I do not respond with they keep harassing my parents address ? Can-they call or send a person to their house. ... I am worried and feel like I am running away but really don't know what else to do. Can the send court judgments to the UK ? Please help

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Andrew_F_Smith (Official Rep) August 25, 2011 10:11

This is a very unusual question. We've not come across this before. Nevertheless we think we know a couple of people who can help and will do our very best to get you an answer shortly,

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This is a very unusual question. We've not come across this before. Nevertheless we think we know a couple of people who can help and will do our very best to get you an answer shortly,

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Steve Rhode August 25, 2011 13:26

Hi,

This is Steve Rhode from Get Out of Debt in the U.S.

This is a good news, bad news situation.

The bad news is your creditors can certainly sue you in the U.S. for the debt you owe. In your absence and without a defense you will lose. The debt will then legally tick away earning interest until the judgment against you expires. It's different times in different states.

The delinquent debt, lawsuit, and judgment will hurt your credit back in the U.S. If you ever return to the U.S. to live or apply for credit you'd need to rebuild your credit by addressing these matters.

Collection agents will not appear at the home of your parents.They can continue to call your parents unless you send a cease & desist letter to the collector. The letter is only effective in stopping calls if the collector is a third party to the debt and not the debt owner themselves. The debt owner can continue to call.

When a collector gets a cease & desist letter they can immediately refer your case to legal for suit or just pass it back to the original creditor who may send it out again for collections.

The best course of action is just to let them call, tell your parents to be polite and let the process run its course. It's annoying but that approach has the least likelihood of ending in legal action.

It is highly unlikely that the matter will be passed to the UK for any collections so the burden of dealing with this rests primarily with your parents. You may feel that's not fair to them to have to deal with your residual obligation.

If so, and you wanted to put the debt behind you then it may be worth investing in bankruptcy back in the U.S. to close the door forever on the debt. Without that there is a reasonable expectation that the debt will be passed or sold from one debt buyer to another and the collection cycles will start over again.

Steve

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- Andrew_F_Smith (Official Rep) August 25, 2011 13:32
  
  Hi Steve,
  
  Thanks as always for your help and advice.
  
  People with US debt situations can do a lot worse than follow Steve who is @GetOutofDebtGuy on Twitter
  
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- jcm August 26, 2011 08:16
  
  noted and will do .. thanks !
  
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Hi, This is Steve Rhode from <a href="http://getoutofdebt.org">Get Out of Debt</a> in the U.S. This is a good news, bad news situation. The bad news is your creditors can certainly sue you in the U.S. for the debt you owe. In your absence and without a defense you will lose. The debt will then legally tick away earning interest until the judgment against you expires. It's different times in different states. The delinquent debt, lawsuit, and judgment will hurt your credit back in the U.S. If you ever return to the U.S. to live or apply for credit you'd need to rebuild your credit by addressing these matters. Collection agents will not appear at the home of your parents.They can continue to call your parents unless you send a cease & desist letter to the collector. The letter is only effective in stopping calls if the collector is a third party to the debt and not the debt owner themselves. The debt owner can continue to call. When a collector gets a cease & desist letter they can immediately refer your case to legal for suit or just pass it back to the original creditor who may send it out again for collections. The best course of action is just to let them call, tell your parents to be polite and let the process run its course. It's annoying but that approach has the least likelihood of ending in legal action. It is highly unlikely that the matter will be passed to the UK for any collections so the burden of dealing with this rests primarily with your parents. You may feel that's not fair to them to have to deal with your residual obligation. If so, and you wanted to put the debt behind you then it may be worth investing in bankruptcy back in the U.S. to close the door forever on the debt. Without that there is a reasonable expectation that the debt will be passed or sold from one debt buyer to another and the collection cycles will start over again. Steve

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jcm August 26, 2011 08:15

Hi Steve,

Many thanks for your response. I most certainly would prefer to simply settle everything but unfortunately have been unemployed for over 6 months and am only just getting by.

In regards to timing for judgment to pass, I resided in New York state although the letter sent form collection is from Chicago, Illinois.

Understand the good/ bad side to this. I do not ever intend on going back to the USA to live, but could for a vacation. But with current cash flow this is unlikely either. I do have one question .. could this be passed to immigration ? do I risk arrest if i went back ?

I will monitor the situation at my parents address and for sure advise then you response in regards to politeness etc.

Overall I do want to put this behind me, I shall certainly look into bankruptcy in the USA as this possibly could be the only way I can put this behind me once and for all.

Many Thanks for your response, much appreciated.

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Hi Steve, Many thanks for your response. I most certainly would prefer to simply settle everything but unfortunately have been unemployed for over 6 months and am only just getting by. In regards to timing for judgment to pass, I resided in New York state although the letter sent form collection is from Chicago, Illinois. Understand the good/ bad side to this. I do not ever intend on going back to the USA to live, but could for a vacation. But with current cash flow this is unlikely either. I do have one question .. could this be passed to immigration ? do I risk arrest if i went back ? I will monitor the situation at my parents address and for sure advise then you response in regards to politeness etc. Overall I do want to put this behind me, I shall certainly look into bankruptcy in the USA as this possibly could be the only way I can put this behind me once and for all. Many Thanks for your response, much appreciated.

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Steve Rhode August 26, 2011 13:46

There is no risk to you to re-enter the U.S. at any time. You should not even worry about that as a concern. If they pulled people out of line for this type of thing, half the line would be pulled. Don't worry about it, it does not happen. Period.

Now that we've dealt with this it's time to put your anxious feelings aside. We've dealt with this now. It is what it is. You know the full scope of what may happen, so there is nothing more to fear or worry about.

I'd much rather see you turn whatever anxiousness you had over this into positive feelings about finding a job in the U.K. It's always harder to find employment when you are anxious about something.

If you need me again, just reply to this thread and I'll get a notice.

Have a cupa for me.

Cheers.

Steve
@GetOutOfDebtGuy

P.S. If you need help in the UK, the folks at ClearDebt will take excellent care of you.

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There is no risk to you to re-enter the U.S. at any time. You should not even worry about that as a concern. If they pulled people out of line for this type of thing, half the line would be pulled. Don't worry about it, it does not happen. Period. Now that we've dealt with this it's time to put your anxious feelings aside. We've dealt with this now. It is what it is. You know the full scope of what may happen, so there is nothing more to fear or worry about. I'd much rather see you turn whatever anxiousness you had over this into positive feelings about finding a job in the U.K. It's always harder to find employment when you are anxious about something. If you need me again, just reply to this thread and I'll get a notice. Have a cupa for me. Cheers. Steve <a href="http://twitter.com/getoutofdebtguy">@GetOutOfDebtGuy</a> P.S. If you need help in the UK, the folks at ClearDebt will take excellent care of you.

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Steve Rhode August 26, 2011 13:48

I think the biggest issue we need to worry about now is how in the world my avatar became a cupcake? LOL.

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I think the biggest issue we need to worry about now is how in the world my avatar became a cupcake? LOL.

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jcm August 26, 2011 16:41

Thanks so much for your time and making me smile at the end of this stressful week. Agree I must not let this effect me whilst job hunting, especially as it is such a tough market out there.

I have tea in hand and am feeling far more positive.

Thanks also for the Uk contact.

Hope you sorted the cupcake !

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Thanks so much for your time and making me smile at the end of this stressful week. Agree I must not let this effect me whilst job hunting, especially as it is such a tough market out there. I have tea in hand and am feeling far more positive. Thanks also for the Uk contact. Hope you sorted the cupcake !

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