Hi all, glad to have found this forum. Just a few questions, I hope someone can offer suggestions or resources I can read. Here's the situation, I'm an ex-pat and all the debt I hold is in MI. One of the debts went to arbitration with asset acceptance, and was found in their favor. I expect judgment to them is not far behind. My situation is unique as I still hold a US job. From what I gathered, I should close the US account that my checks get deposited to, and just have them mailed to me? That's really the only thing I have going for me. The arbitration notices got sent to a relatives house, is there any concern that someone is going to harass them? They've only just received my old mail so far. Also, concerning the statute of limitations, how does that work with judgements? Does it reset the 'timer'? Thanks for all replies!
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Where are you from...
Once there is a judgment, there is no more statute of limitations. Judgements do have a time limit, i.e. in most states, judgments are good for 6-9 years, but they are also easily renewed. So, for practical purposes, judgements can last forever.
As for harassing relatives, yes, collectors can do that within limited circumstances, to locate you, and most creditors often far exceed their legal bounds on this...but at the same time, they know the risk of anyone suing them is low.
Also, depending on what country your from, there may be a mechanism to have the judgement domesticated in your home country, I doubt it would go that far, but it is a possibility. -
As far as your bank acct,........... Once the Lender has a Judgement against you, it's an easy step to seek a Banking Institution Garnishment and seize all funds in your acct. So your instinct to close the acct, take out the funds, and get paid in checks is a good one.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...Comment
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I live in Canada, but like I said, the debt is US debt. Is there anything else I should know about this whole procedure? That's unfortunate that judgments supercede SOLs. So what really are my options here? Thanks!Comment
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"So what really are my options here?"
You can stick with the deal you agreed to.
You went to arbitration. Why are you backing out? Shouldn't you uphold your end of the bargain, afterall you agreed to arbritration? Are you backing out b/c you don't like the outcome?Comment
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I would definitely stop any direct deposits of you paycheck. Pick it up in person or have it mailed. In terms of out-of-country debts, I don't know what reciprocity agreements are enforced for debts between CA and US. If the creditor/debt collector gets a judgment and can locate your employer, they can obtain a judgment and garnish your wages if you live in a wage garnishment state. How this works out-of-country, i have no idea.Comment
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Spartan, you do need to do some reading about arbitration before you write things like this.Originally posted by Spartan View Post
Check out what Bud Hibbs has to say about how unfair arbitration is to the consumer... www.budhibbs.com
As for what the original poster should do, close that American checking account and get paper checks sent to you, and then cash them and use cash and money orders to pay for everything from now on.Last edited by GoingDown; 04-04-2007, 05:26 AM.The world's simplest C & D Letter:
"I demand that you cease and desist from any communication with me."
Notice that I never actually mention or acknowledge the debt in my letter.Comment
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Since your from Canada, I doubt it would be very difficult for a creditor to follow you there (free trade and all) and have the judgment enforced in Canada.Comment
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I did not agree to arbitration nor did I participate in the proceedings. I'm sorry, I should have clarified. As I stated, I do not live at the address the information was sent to, and did not receive the notice of arbitration until it had already taken place.Originally posted by Spartan View PostComment
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I was thinking about this today. How would they track something like that, given that the US tracks credit through a SSN, while canada is a completely different number (SIN)? It's a pretty common name I have, do they just pick randomly from the phone book?Originally posted by HHM View Post
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This is another concern of mine. Is MI a garnishment state?Originally posted by treehugger1 View PostComment
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More questions, maybe someone will know the answer to? What are the rules concerning arbitration that happened with out me? Is BK something I would want to consider here? How does that apply to me being that I don't live in the US?
So many questions, so little time
I guess I need a lawyer here. Would I want a BK specific lawyer? Any advice on looking for one would be appreciated. Never done anything like this before...
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Michigan is a Wage Garnishment State.
Michigan Wage Garnishment
Federal statute limits withhold up to 25% of disposable earnings per week, unless the debtor's earnings are at or near the minimum wage, 15 USC 1673, in which case no withholding is allowed.
Time Limit: Garnishment writ expires 91 days after issuance, MCR 3.101(B)(1)(a)(ii). A new writ must then be issued and served.
Stay of Wage Garnishment: Courts may grant the debtor an "installment payment order," MCL 600.6201, MCR 3. 104(A), which bars wage garnishment, provided that the debtor pays as required by the order. Such an order does not prevent garnishment of bank accounts or income tax refunds. MCL 600.6245, MCR 3.101(N). Some courts nevertheless do not allow any garnishment while an installment payment order is in effect.
http://www.fair-debt-collection.com/...hments.html#23
If you're out of the country, with no assets in the US, you should probably Consult with attnys where you live. See what effect US debts will have on you there first.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...Comment
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