     Imran | Thursday, January 20, 2000 - 09:50 pm 
I have credit card debt on several cards. I wasn't able to pay them because of my financial problems. Now I live in a different country. I am wondering if these credit card companies can still take me to the court and get the judgement even if i am not present in the country or in the court and haven't received anything from the banks either. |
| Anonymous | Friday, January 21, 2000 - 02:03 am
Are you still a US citizen? |
| kristy welsh - creditinfocenter.com | Friday, January 21, 2000 - 05:02 am
You do not have to be present or even notified when someone takes you to court and wins a judgement against you. |
| Anonymous | Friday, January 21, 2000 - 05:39 am
Don't you at least have to be served? How can you be taken to court if you never received the summons or notice of the suit? |
| anonymous | Friday, January 21, 2000 - 08:15 am
Is it some sort of a felony??? Can they arrest you for that. Because I am kind of in the same shoes too.
What is the maximum could happen if you are not able to pay back to the credit card companies? |
| Gary | Friday, January 21, 2000 - 08:21 am
Yes, you do have to be notified/served. Federal Rules of Civil Procedure (FRCP) states; "A summons shall be served together with a copy of the complaint." Cite: FRCP 4(c)(1). Next,
FRCP 4(f) states:
"Service Upon Individuals in a Foreign Country. Unless otherwise provided by federal law, service upon an individual from whom a waiver has not been obtained and filed, other than an infant or an incompetent person, may be effected in a place not within any judicial district of the United States:
(C) unless prohibited by the law of the foreign country, by
(i)delivery to the individual personally of a copy of the summons and the complaint; or
(ii)any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the party to be served; or
(3) by other means not prohibited by international agreement as may be directed by the court.
This is simple law, you cannot receive a judgement against you, if you are not served with a summons and a copy of the complaint. The "complaint" is the actual suit being filed, and it will have to show the jurisdiction of the court, the "claim", and the "relief" sought.
I have never seen a credit card company take someone to court for the debt, has anyone? |
| Gary | Friday, January 21, 2000 - 08:24 am
It is not against the law to owe money!! Debtors prison was abolished 100 years ago. You can not be arrested for any debt!! |
| Anonymous | Friday, January 21, 2000 - 08:24 am
I've been sued by a collector who bought the debt for a few cents on the dollar - I offered him 10 cents on the dollar and threatened to file bankrupcy if he took me to court- he took my offer and went away. |
| kristy welsh - creditinfocenter.com | Friday, January 21, 2000 - 08:53 am
Well maybe I should clarify: They do not have to have proof that you received the notice, and if they can't find you they have to give your last known address. |
| Christine Baker | Saturday, January 22, 2000 - 01:51 am
That's odd. I find that hard to believe.
Voigtkampff? |
| Sean | Saturday, January 22, 2000 - 03:59 am
On many cases all they have to do is serve you notice, which may be as simple as having a notary in their office mail it to you and fill out a form marked "Proof of Service By Mail" in which she attests that she placed it in the mail, postage prepaid, and that it was sent to your address and that she's not a party to the action. |
| Gary | Saturday, January 22, 2000 - 07:45 am
There are probably differences in state and federal laws, but federal law FRCP4(e)(2) does not allow the service to be in the form of U.S. mail, upon persons inside the U.S. This case pertains to someone outside the U.S. If you receive the summons and complaint in the mail, inside the U.S., you can move to have it dismissed for failure of service. |
| Anonymous | Monday, January 24, 2000 - 06:13 pm
Yes, I have the same problem too. I am really scared. For instant Amex? They have their offices all around the world.
Can the Amex in my country bring me to court for the unpaid debts??
Please help me with this. |
| Anonymous | Friday, January 28, 2000 - 02:28 pm
I owe a lot to credit card companies and i lost my job last year. I stoped paying them.
I am wondering can these credit card companies garnis my pay checks since i have a full time job now but cann't afford to pay them back.....I was dumb.
If they pass the judgement and i still don't pay can they come to my house and arrest me. These credit cards made my life miserable.....
please respond |
| Voigtkampff | Friday, January 28, 2000 - 09:06 pm
Sorry Christine, I was on vacation in Disney.
Due process is one of the most fundamental requirements in the law. People must have their day in court - an opportunity to avail themselves of their legal rights.
I am not saying that one must always have a private process server or sheriff effect personal service on the individual. For example, since people who want to get divorced cannot always find their spouses, there is a Florida procedure for filing a Petition (complaint) for Dissolution of Marriage, simply by publication of the action for a certain number of weeks in a newspaper with a certain circulation. In Florida evictions one can effect service simply by posting the complaint on the door after 2 attempts to personally serve it (8 hours apart) have failed. But here is the neat part. I don't think that either publication or posting can be used for a claim for money damages. I have not seen it yet. Back to the eviction example, I note that if you want to evict AND sue for unpaid rent, one must have the complaint personally served on the defendant. And instead of the usual 5 days to answer, one has 20 days to answer.
It does appear that in state court, whether it be county or circuit court, one must have the complaint personally served. Never researched it. Just going by memories from school and what I have seen over the years.
But Gary is correct about complaints in federal court. When I serve complaints I use regular U.S. mail. That qualifies as service. If I go certified, it is just for my peace of mind. But even though credit card usage spans across state lines, I have not noticed any credit card companies who sued in federal court, and therefore used this federal rules of civil procedure. They all seem to use state law and state civil procedure.
Service is neat. Before I serve any entity I always read the rules to see how that particular entity is served with this particular document, whether it be a summons (for a complaint) or a subpoena.
Slightly off topic, but it brings up a point. If a credit card company sues you and places a count in the complaint for fraud (even if there is no possible basis for it), then if you do not answer, they obtain a default judgment for fraud. Under 11 USC §523(a)(2) the creditor can have this debt survive a bankruptcy! It is called collateral estoppel. Some courts will not allow this, but I have seen many permit this. |
| Christine Baker | Saturday, January 29, 2000 - 07:23 am
Thanks, Voigtkampff.
I find it hard to believe that regular US mail counts for anything. Could it be that I'm the only one who constantly receives other people's mail?
Once I even got a handful of mail without postmarks, including 3 or 4 credit card payments, all inside a catalog. |
| Anonymous | Saturday, January 29, 2000 - 02:45 pm
THanks, Voigtkampff
Can these credit card companies can just sue you for fraud if someone owes them balance. And if they get the default judgement for fraud. How long does that stay on the credit histoy? |
| Michael J Potoczniak (Crew123) | Sunday, April 23, 2000 - 11:29 am
I have a judgement on my credit report for 500 dollars from AMEX, which I paid in full. I never saw anything about a judgement until I looked at my credit report and I never got anything in the mail. If I kept up with the payments while it was in collection why would they get a judgement against me |
