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I am US citizen and have unpaid credit cards around $100K and unpaid federal student loans of $65K. I moved to another country for work purposes. My cards are in default but I am not sure if there is a judgment againts me. My state was NY so I am not sure about the statue of limitations. Can I travel back to NY without any legal problems such as being arrested in the airport etc? Also ı want to make sure if this cause any problem if I marry with a non-US citizen and apply for green card for her? Thanks a lot
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Re: UNPAID CC DEBT IN DEFAULT+FED. STUDENT LOAN
I wish to inform you that you may not go to jail for credit card default unless the credit card default was the result or outcome of a crime, fraud, embezzlement, etc. However, in case of credit card default you can go to jail if you have not appeared in court proceedings when a creditor was trying to collect on the money owed to the creditor under the charges of contempt of court. You may contact the office of the Clerk of Court to ascertain if there are any legal proceedings against you in the court or a warrant issued by the court for your arrest. You can sponsor an overseas spouse for green card if you meet the criteria for providing the affidavit of financial support for your spouse. You must also be a resident in US at that time.
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Re: UNPAID CC DEBT IN DEFAULT+FED. STUDENT LOAN
Having an unpaid debt is not a criminal act in the US. It is, however, a civil matter. If you have failed to pay these debts, depending on how long ago you last made payments, the statute of limitations may already have run out (it's 6 years for contract debt in New York State). However, leaving the country for an extended period MAY have tolled the statute, meaning that it froze when you left and restarts when you set foot back in New York.Originally posted by strongoath View Post
You won't be so lucky with those federal student loans, however. There is no SOL on Federal student loans, so it doesn't matter how much time has passed - those will still be collectible, even 10, 20, or 50 years from now."If it ain't in writing, it never happened."
"A lack of planning on your part does not constitute an emergency on my part."
"You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."Comment
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Re: UNPAID CC DEBT IN DEFAULT+FED. STUDENT LOAN
You are not going to sponsor anyone for marriage, being a deadbeat yourself. I doubt you will find anyone else foolish enough to put themselves on the hook for your gain. You thought you were going to hide out of the country and let your CC debts toll. Unfortunately, you were not smart enough to attempt your rip off in the correct state. The statute of limitations in NY, is 6 years. It does not start until you return to NY state OR if you never return to NY state, it never starts tolling. If you left at $165k, you are likely well over $250k in debt by now.
Due to a recent promotion, I should now be referred to as Major Obvious.
I would not be trying to provide information and knowledge if I did not sympathize.
Some days it is just not worth chewing through the restraints to face life.Comment
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Re: UNPAID CC DEBT IN DEFAULT+FED. STUDENT LOAN
In order for there to have been any judgments, first you would have had to have been served with suit -- a summons and complaint. So, if you were not served with any lawsuits before you left, there could be no judgments against you.Originally posted by strongoath View Post
No, you cannot be arrested for debts for they did away with debtors prison when the original 13 colonies were formed.
With so much debt hanging over your head, you are not a likely candidate to sponsor anyone. A sponsor has to be able to demonstrate they can support and will provide financially for the person they wish to bring to this country.Comment
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Re: UNPAID CC DEBT IN DEFAULT+FED. STUDENT LOAN
Thanks. my question was can I legally apply for "petition for relative", meaning that obtaining green card to my spouse, not financialy sponsoring her as affidavit of support. This can be done by someone else as well.
Statue of limitations start when I appear in the court? I am not in the US at the moment so when it will start?
Do you think when I come come back should I enter the states from another state rather than NY(DC or MA maybe) to avoid any state arrest at the airport?Comment
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Re: UNPAID CC DEBT IN DEFAULT+FED. STUDENT LOAN
I am certainly not a professional, but as far as I know it I better to contact your lenders the very first thing. But this in case you are actually planning to start paying off your debts. Since they are interested in you paying them off, they may find a solution that is going to be both comfortable for you and for them. I guess it will mean that you are going to need to tight to the payments for a pretty long period of time, but I guess you know this already. Hope you did not take one of those payday loans and haven’t paid off. Anyways, try to contact your local authorities to know exactly what you are going to face.Comment
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Re: UNPAID CC DEBT IN DEFAULT+FED. STUDENT LOAN
You can apply, however, you need someone to sponsor her. I doubt you will find anyone trusting of your families handling of money.Due to a recent promotion, I should now be referred to as Major Obvious.
I would not be trying to provide information and knowledge if I did not sympathize.
Some days it is just not worth chewing through the restraints to face life.Comment
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