HELP PLEASE!@#$%^&*(

[pliers]

What is the name of your state? CALIFORNIA

Hi

I would dearly apreciate any help with this. I have about $70,000 dollars of credit card debt that I just can not pay. I used to earn about $300,000 a year but as the entertainment industry collapsed I was caught out. I have'nt worked at all for nearly a year and my last job paid me only $5000. I would declare Bankrupcty but I have decided to move back to the uk as I will get more work there. I am a Green Card holder and A UK citizen. Would my creditors be able to Sue me in US in my abscence ? Or would they chase me overseas ?

Thank You

PLIERS

 

[BelizeBreeze]

You made $300,000 a year, have only $70,000 in debt and can't pay so you're skipping out. And you want help?

I hope they chase your ass all the way to London. And they will.

 

[pliers]

Thank you..... big help.......My income fell somewhat over 5 years.Last yera was $6000. I own nothing. When my son was diagnosed Autistic I had to pay a lot of money to help him. But go ahead...be Self Righteous. I am sure that is why you post.

pliers

 

[badapple40]

Yes, they can go after you in another country. International Treaties allow them to pursue you over there. They can't get a judgment in absentia, since notice of the suit is fundamental to due process. However, they can commence a suit here (jurisdiction seems proper) and have you served over there. If you go over there, you are likely looking at a federal lawsuit, since there would be complete diversity and the amount in controversy, once you calclulate interest, would be over $75,000.

If you have no money to speak of coming in, and old debt, I'd suggest bankruptcy. Your credit is likely shot anyways. It is a 7 year stain on your credit report though. If you are insolvent, it is the only way to "cancel out" the old debt.

 

[pliers]

Hi, thank you for your reply. I am sorry if my first post was rather glib. My income dropped sharply over three years (and after tax and commissions to lawyers, managers, etc. it was not all that spectacular). During this time we had American Express "financial managers" who opened the credit card accounts and urged us to purchase everything on the cards to make a clear paper trail for tax time. When the money dried up, we had no choice but to feed ourselves and pay bills with the credit cards. I always thought another job was just around the corner and I would be able to clear up the debt, and indeed at one point we were making headway in that direction. But the music industry has pretty much collapsed and I have been below the taxable income bracket for the last two years. But during this time, thanks to eBay, I have been making minimum payments on the cards, at interest rates of 30%. The original debt in most cases has been paid off.


I should explain that the 70,000 is spread across ten credit cards--all unsecured debt. According to the people I have spoken to, I cannot declare bankruptcy in California unless I live in the state for at least six months after I declare bankruptcy. My wife has been offered a full-time job in London and expenses relating to my son's disability would be covered by the National Health. I would be willing to pay off the debt over time but I certainly cannot do it now. My questions:
1) Is my information correct about bankruptcy in California? I truly have no income or assets.
2) Your scenario seems to suggest that for a large amount like this credit companies would all join together and file a federal suit. Is that a correct interpretation?



Thanks very much.

 

[JETX]

YThey can't get a judgment in absentia, since notice of the suit is fundamental to due process.

And of course, that is NOT correct.

Lawsuits go forward all the time without personal service on the defendant. That is why most states provide for what is called 'Service by Publication' when the whereabouts of the defendant can't be ascertained.

 

[badapple40]

Publication is a last resort and only where the whereabouts of the defendant is unknown. If they know where he is, e.g. europe, they have to serve him there.

 

[JETX]

Publication is a last resort and only where the whereabouts of the defendant is unknown. If they know where he is, e.g. europe, they have to serve him there.

And that is also simply NOT true. In fact, if the party is out of the country or beyond the jurisdiction of the court, service by publication is very common. Done every day.

Before you post further, I suggest you study up on the "Hague Convention on Service Abroad'..... if the writer is contemplating moving to a member country.
"The Hague Service Convention codifies service of process by international registered mail and by agent. The treaty also provides for service of process by a Central Authority (usually the Ministry of Justice) in the Convention countries pursuant to a request submitted on a form USM-94, available at the office of any United States Marshal. The text of the treaty is self-explanatory, but see the reservations and declarations each country made on accession to the treaty. Some countries made specific reservations against particular methods of service. The Convention method should be employed in all countries party to it."
Oh, and guess what??? Most member country's allow service by publication.

 

[pliers]

Hi

Does that mean that even though I inform the collection agencies I am moving overseas to find work they will still sue me in the US ?

What purpose does that serve ?

Thanks

 

[badapple40]

mea culpa.

He's in california...

CALIFORNIA CODE OF CIVIL PROCEDURE § 415.50
(a) A summons may be served by publication if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in another manner specified in this article and that:

And § 413.10 states:

Except as otherwise provided by statute, a summons shall be served on a person:
(c) Outside the United States, as provided in this chapter or as directed by the court in which the action is pending, or, if the court before or after service finds that the service is reasonably calculated to give actual notice, as prescribed by the law of the place where the person is served or as directed by the foreign authority in response to a letter rogatory. These rules are subject to the provisions of the Convention on the "Service Abroad of Judicial and Extrajudicial Documents" in Civil or Commercial Matters (Hague Service Convention).
(Amended by Stats. 1984, Ch. 191, Sec. 1.)

That looks like "another manner specified in this article" to me.

By way of comparison to a couple other states:

Ohio Civ. R. 4.4(A) requires "the residence of the defendant [be] unknown to the affiant," prior to service by publication.

Kentucky C.R. 4.06 similarly requires an affidavit indicating that the address of the Defendant is unknown.

Tennessee Rule 4.06, also requires that the Defendants identity or whereabouts be unknown prior to allowing serviec by publication.

And my review of an additional 15 states also seems to indicate the same requirement.

That could be due to Tulsa Professional Collection Services, Inc. v. JoAnne Pope, Executrix of the Estate of H. Everett Pope, Jr., 485 U.S. 478; 108 S. Ct. 1340; 99 L. Ed. 2d 565 (1988), which held that service by publication where the identity or location of a Defendant is known violates due process. I don't know. I guess you know more than the U.S. Supreme Court.

 

[pliers]

Yup

I'm in California, but will probably leave the country in the next two or three months. As I fully intend to inform all agencies of my whereabouts in the UK either (if I can afford it) through an attorney or by myself, I wonder what purpose it would serve, and whether it would be legal, for creditors to ignore the fact that I no longer live in the US and carry on regardless.

As I said, I fully intend to try to settle the debts as soon as I am able. In your experience, would they prefer to file suit against me or are they more interested in coming to a settlement? I've looked at lots of reference books but none cover leaving the US.

Thanks,

 

[BelizeBreeze]

That could be due to Tulsa Professional Collection Services, Inc. v. JoAnne Pope, Executrix of the Estate of H. Everett Pope, Jr., 485 U.S. 478; 108 S. Ct. 1340; 99 L. Ed. 2d 565 (1988), which held that service by publication where the identity or location of a Defendant is known violates due process. I don't know. I guess you know more than the U.S. Supreme Court.

For an attorney who claims to have billed more than $2,000,000 you are an idiot. Now tell me where this statute comes from?

i) 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:

(1) by any internationally agreed means reasonably calculated to give notice, such as those means authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents; or

(2) if there is no internationally agreed means of service or the applicable international agreement allows other means of service, provided that service is reasonably calculated to give notice:

(A) in the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction; or

(B) as directed by the foreign authority in response to a letter rogatory or letter of request; or

(C) unless prohibited by the law of the foreign country, by

(I) delivery to the party to be served personally of a copy of the summons and of the pleading; 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.

I;ll even give you a hint. It's one of the states you quoted. Now, it's time to hit the books again. And don't even think about arguing with me. Not unless you have more experience than I do with the Hague Convention or the European Community Council of Governors.

 

[BelizeBreeze]

And while you're at it, trying to get the people here to believe you're an attorney, you'd better read Rio Properties, Inc. v. Rio International Interlink, ___ F.3d ___, Nos. 01-15466, 01-15784, 2002 WL 431915 (9th Cir. Mar. 20, 2002).

Here's a hint:

"The district court ordered service by e-mail after the plaintiff demonstrated that it was unable to locate the defendant in the United States and serve it by more conventional means."

 

[pliers]

Mr Breeze

You're posts are so antagonistic it is a bit hard to fathom what you are saying. I am sure that's rather a drawback for a lawyer. But to the point: other than your high minded moral outrage , and your delight in pointing out everyones numerous faults ( I can only conclude you have none, other than the manner of your postings here) do you have any legal.....and I stress legal ,advice.

Thank You for all your help

Pliers

 

[BelizeBreeze]

Mr Breeze

You're posts are so antagonistic it is a bit hard to fathom what you are saying. I am sure that's rather a drawback for a lawyer. But to the point: other than your high minded moral outrage , and your delight in pointing out everyones numerous faults ( I can only conclude you have none, other than the manner of your postings here) do you have any legal.....and I stress legal ,advice.

Thank You for all your help

Pliers

My last two posts were for that idiot BadApple, the supposed attorney who billed $2,000,000 and still doesn't have a clue about International servie.

My advice to you is pay your debts. They WILL follow you.