Bench Warrant issued for US citizen abroad

[vgmhilliard]

What is the name of your state? CA and MD.

OK - here is the situation.

I am a US citizen living abroad. I am chased by 3 collection agencies on my debts back in the US which unfortunately I cannot pay off as I am experiencing severe financial hardship at the moment.

Those agencies are claiming their clients (credit card issuers) are considering taking me to court in 2 states - CA and MD. I have advised those debt collectors that I will not be able to physically attend those court hearings as I have no funds to EVEN purchase a roundtrip flight to the US.

They DID advise me that bankruptcy wud be a solution to my problems, however by the laws of the state of California (where I used to reside) I cannot file for bankruptcy there if I have not lived in CA for more than 3 months over the 6 months prior to bankruptcy filing. Which I obviously have not.

I can of course file for bankruptcy in the foreign country where I am residing at the moment - however NOONE I spoke to seems to know how this filing will be viewed on debts acquired in the USA.

My question is the following - ASSUMING they really summon me to courts in CA and MD, I do not show up there and the respective judges will issue bench warrants against me - DOES IT MEAN that next time I cross ANY INTERNATIONAL BORDER on my US passport I will be stopped and detained as some sort of international criminal? OR would those bench warrants apply only to states of CA and MD and WILL NOT affect my international travel?

Any help will be hugely appreciated! Thx

 

[Ladynred]

Bench Warrants ?? For what ?? IF they sue and get a judgment, and IF they summon you for a debtor's exam and you don't show up, you could be charged with contempt of court and its possible that a bench warrant could be issued at that time. However, the likelihood of a local bench warrant having any effect on your international travel or your passport are pretty slim.

Just getting a judgment against you does NOT mean a bench warrant is issued against you.. I'll bet a collector told you that big fat lie !

Oh.. and filing for BK in a foreign country won't do you one bit of good, only a US court can discharge your US debts - and you have to BE here to file for BK !

 

[vgmhilliard]

excellent advice, many thx

......Just getting a judgment against you does NOT mean a bench warrant is issued against you.. I'll bet a collector told you that big fat lie !

Oh.. and filing for BK in a foreign country won't do you one bit of good, only a US court can discharge your US debts - and you have to BE here to file for BK !

many thx for your clarification! U totally right - my debt collectors were telling me EXACTLY that sort of lies.....

One quick question on filing from a foreign country though. My British solicitor is telling me that if the table was turned, and a Briton wanted to file for BK from the US (on his British debts) all he'd have to do is to have his filing endorsed by the closest UK diplomatic mission in the US - and it'd bear weight in the eyes of the Crown Court. So she is assuming it shud be the same the other way round - even though i agree she is not 100% sure.

R u sure that filing from UK with the US Enbassy getting involved in some way (not sure what that some way wud be) wud NOT make the filing legit for US purposes?

many thx in advance!

 

[Ladynred]

I can't answer that with 100% certainty, I've never heard of anyone filing from abroad and getting the US Embassy involved.

The fact is, NO ONE but YOU can go to the 341 meeting, and you ARE required to appear IN PERSON to face the Trustee. There are also residency requirements that you must meet in order to file. Depending on which state you file in, you must have been a resident of that state for the greater part of the 180 days preceeding your filing. So, you have to LIVE in that state for at LEAST 91 days before you can file there.

British bankruptcy law may not require that the petitioner appear in person, I don't even know if they have have a Section 341 'meeting of creditors', but we do here and you must have your butt in the chair on that day

 

[Gerula 56]

Filing bankruptcy outside US

Try this website: www.brettweiss.com they might be able to help you.