possible judgement and repercussions

What is the name of your state? NY although I was a resident of South Carolina when I incurred the debt

My parents received a call from a lawyer's office saying they were going to get a judgement against me for a $6000 credit card debt from 2001. I called them and asked them what kind of arrangements could be made. They told me I could pay $3000 now or I could pay $500 a month for the next year. I can do neither of these things. I am teaching English in China and after you exchange the yuan into dollars I will make just over $3000 after living expenses. Obviously, I'm not doing this for the money. My mother would willingly pay $200 a month towards the debt, but the lawyers won't accept it. The lawyer said I had 24 hours, less now, to resolve this issue or they would go to court and I would end up owing them $10,000 after court costs and lawyers' fees. My biggest worry is not that I will owe them $10,000 if we cannot resolve this, though I would prefer not to have it hanging over my head, my worry is the judgement could keep me from being able to leave the country when I go home for a visit. I plan to spend the next several years in China as a teacher and I'm afraid the debt could keep me from legaling leaving the country or possibly renewing my work visa here. One of the teachers who was supposed to come with our group was not allowed to leave the states because he owed back child support. What can I do and can a judgement keep me from legaling leaving the states to return to my job in August? By the way, the school I work for pays for roundtrip airfare when you renew your contract with them which is the only reason I will be able to return home in the first place.

[I AM ALWAYS LIABLE]

Confucius say . . .

Man who go to bed with hard problem wake up with solution in hand.

IAAL

[wert]

A credit card judgment is not going to keep you from leaving the country.
However, you racked up the debt. If the job in China is such a low paying job, maybe you should stay in the states and get a higher paying job to pay your bills first. After you have things squared away, then go to China.

I wouldn't have any money if I were living in the states either once I was done paying the rent, phone, car insurance, car upkeep, food, and light bills, plus my student loan. I'm not qualified to teach in the states and my degree field requires a master's, at least, to make a living doing it, and I still wouldn't be paid very much. I also wouldn't be able to afford to get sick back home because I couldn't afford for that much to be taken out of my check each week. At least here medical care is cheap and it seems to work better, for me anyway. Plus, the hectic pace of life in America was contributing a great deal to the depression I suffered for years following a severe back injury. Here I am depression free for the first time in a decade, and seeing a massage therapist is amazingly cheap.

[I AM ALWAYS LIABLE]

Originally posted by ayayay
I wouldn't have any money if I were living in the states either once I was done paying the rent, phone, car insurance, car upkeep, food, and light bills, plus my student loan. I'm not qualified to teach in the states and my degree field requires a master's, at least, to make a living doing it, and I still wouldn't be paid very much. I also wouldn't be able to afford to get sick back home because I couldn't afford for that much to be taken out of my check each week. At least here medical care is cheap and it seems to work better, for me anyway. Plus, the hectic pace of life in America was contributing a great deal to the depression I suffered for years following a severe back injury. Here I am depression free for the first time in a decade, and seeing a massage therapist is amazingly cheap.

My response:

So, basically, you're saying that you are running away from life, your debts, leaving your parents to "take the heat", and that you'd rather live with a bunch of Red Communists.

Is that basically what's going on?

What you're doing is teaching those little red rds how to be educated. Remember what Nikita Kruschov once said, "Let them trade with Russia. I'll hang them with their own rope!"



IAAL

[I AM ALWAYS LIABLE]

Originally posted by ReverserGuru
Last I checked, China wasn't an enemy and if you think improving Americans relations with countries who don't think like us is treason you are a fool.

If you are a debt collector, I have yet to loose a pissing contest with one of you punk ass bitches.

Further I will be costing you a lot more cake in Oklahoma than you ever though of stealing from me with your Enron philosopic record keeping.

My response:

First, I'm not a debt collector. So, since you're an admitted deadbeat, I can't wait for them to get you.

Second, all China wants is our brain power. They are still using espionage to obtain secrets from this country. Remember, about two years ago, we had a Los Alamos scientist, who happened to be Chinese, and working for the Chinese, indicted for giving atomic secrets to the Chinese. You really have a short memory.

IAAL

[I AM ALWAYS LIABLE]

[quote]Originally posted by ReverserGuru

All relevent countries engage in espionage including us on our allies. big deal, didn't one of our spy planes crash in china?

==========================================


My response:

Wrong, once again. Radar data clearly proved, even to the Chinese, that the P-3 Orion was OUTSIDE of Chinese territorial waters. Addditionally, one of their "hotshot" fighter pilots struck our plane using a stupid and dangerous manuever, causing our plane severe damage in flight. However, if you'll recall, our plane landed safely IN China, and our crew was held captive for 2 or 3 weeks. Thereafter, the crew was sent home, and we were allowed to recover our plane.

You see, only a foreign, and Commie, sympathizer would TRY to place the spin you've been trying.

IAAL

[I AM ALWAYS LIABLE]

Originally posted by ReverserGuru
Jimmy cracked corn.

We would have shot it down too if it was buzzing our airspace.

How about starting a new post in the "I don't think my sh%t stinks" forum and leave this post to the question it was intended.

My response:

Apparently, you also can't read or you have a comprehension problem. I said, the P-3 Orion was flying OUTSIDE of Chinese territorial waters.

Why are you being a sypathizer to some American traitor?

IAAL

Thank you for defending me ReverserGuru. I really don't care if someone wants to call me a "Red Commie. " It wouldn't be the first time. There are a lot of foreigners living, working, and/or studying in China, so I guess that would make all of us traitors to our various countries in some people's opinions. Of course, once I've been here a few years and become fluent in Chinese I can see where I might be able to get a job that would pay enough to settle my debts. I'm also working on learning French and Urdu, which will make me more marketable as far as teaching opportunities go in the future.

Questions:

What does validation of the debt mean as far as the lawyer's responsiblities? Also do they need to allow me the time to be able to send in written testimony, which would take about a month coming from China? And would they be required to give me the address of the court system or judge officiating over my case? And are they allowed to set that 24 hour deadline they set from the time I called them?

[I AM ALWAYS LIABLE]

My response:

Deadbeat ReverserGuru won't be able to answer your questions. He doesn't know the first thing about Collection Law, nor does he know anything about Jurisdiction.

But, I do - - and I ain't tellin'.

IAAL

It's a debt collector. I'm curious though because the envelope and people who called my parents had an attorney's name on it, but when I looked up the non-1800 number I had my parents ask for on AnyWho it came up as a portfolio management company. So I'm starting to wonder if they actually are attorneys or if they are just talking like them to try and scare me.

Another thing to consider if your permanent residence is in South Carolina and a judgement against you were rendered there: your wages cannot be garnished, nor can your bank accounts be frozen or seized to satisfy the judgement. Judgements in S.C. will remain on file for 10 years, unless you satisfy it before then. It can also be reported on your credit report for a period of 7 years (tax liens are a different story). After 10 years, the judgement becomes null and void and it is not renewable. So, if you don't own any realestate in S.C. that you want to refinance or sell, then you can just ride it out. I don't know what the laws are in N.Y. in relation to judgements and the SOL, but S.C. probably has some of the better laws where stuff like this is concerned.

My 2-cents...

[Ladynred]

SC also has a VERY short SOL of 3 years !!
So, IS SC your permanent residence and how long have you been out of the state/country ??

Exactly when did you last pay the original creditor on this debt ????

Portfolio management company ?? Wouldn't be Portfolio Recovery Assoc. would it ?? If so, they are SLIME CA's and nothing more !! The '24 hours' deadline makes me VERY suspicious that you ARE dealing with a CA and not a real lawyer.

I talked to them again last night, and they answered the phone as so & so attorney's at law, so I guess they're legit. They said I have til the 31st to come up with the money. They operate out of Buffalo, which puts them in my current state of residence as far as my driver's license is concerned. However, I will be spending most of the year in China for the next several years. I've been here since the end of August. I asked for validation of the debt and they are sending it to my parents. My dad will scan it and e-mail me a copy of it, since it takes regular mail forever to get here.

I paid on the card from 1996-2001. I went back to school full time and moved into an apartment that year. I had lived for several years with roommates, but we all went our seperate ways that year so my rent payment alone doubled from what I had paid with roommates. Students loans would have carried me through if my car hadn't broke down eight times in one semester. Buses didn't run where I worked and taxis cost too much, so I lost a lot of time at work. Fortunately, my boss was understanding and didn't fire me for missing so much time.

Asking for validation over the phone is not proof that validation was requested. You need to send them a letter that is certified with return receipt so that you have proof that they received your request. The attorney can tell you we are sending the validation. However, he can later come back and say we never received a validation request and he/she can go ahead and file suit against you. You need to do your correspondence with them in writing and have proof that it was mailed.

You never said where you have permanent residency. Do you reside in New York, or is that just a temporary address. Again, I don't know the NY collection laws and SOL, but if you let the attorney think that you are a South Carolinian and they file a judgement there, you might be better off that way. Also, if your date of last activity (payment) was in January - March of 2001, then it's possible that the SOL has run out. If it's later in the year and you leave the country, I believe the SOL is put on hold until you return. I'd find out your DOLA and if in fact the SOL has run out, I'd send the attorney a cease and desist letter stating that the collection is time barred.