Facing th moment of truth. How much time do I have?

[kpapt]

I live overseas. I have been procrastinating filing bankruptcy for two and a half years hoping things would change--well they haven't. Completely stopped paying the four credit cards since January 2007. Credit cards is the only debt I have and I have no assets or property. Every two weeks for the last two years I have been checking with the Circuit/District courts where I lived last in the US to see anybody filed a law suit. I was hoping if nobody files in the next six months, the statute of limitations thing with take course. Well, finally one of them did file a suit on June 24th (actually an agency that bought the debt did). The original debt was $6000 but now these f****rs are suing me for $50,000

So now I have no choice but to put the act together and file the bankruptcy. How much time do I have before the judgement, bank levys etc start hitting me. I have to file in the state of VA. I am not in the US so apparently I haven't been served. So can somebody give a bit of insight what could be happening in the next coming weeks while I prepare for the eventuality? Thank you.

[keepmine]

Were I you, I'd do my banking overseas. A bank levy issued by a district court is good only in the U.S.

[bkfdrusa]

If you are not going to come back to US you do not need to worry about the lawsuit. you can always file for bankruptcy when you come back.

[shabam]

If you're overseas, the US courts have no jurisdiction there. So unless you are coming back, you have little to worry about. Creditors also have little to no means of pursuing you overseas.

From what I hear, the statue of limitation stops counting the second you move overseas.

[kpapt]

Thanks for your replies. I know they can't levy me overseas. I just want to get this monkey off my back so that I can breathe easy cuz it is always on the back of my mind and it is not a good feeling

So anybody know how long it will take them to actually levy bank accounts? They filed the lawsuit in Virginia on June 24th but I wasn't served yet as far as I know. Thanks

[bkfdrusa]

Remember, If the lawsuit gets approved, You never work for an US employer even overseas. they can take your salary away.

[kpapt]

Yup, I realize that ;)

Another question, if I file bankruptcy before the case goes for hearing, will it get automatcially dismissed or will it still go through judgement and then I have fix it later? bit confused.

[DeadManCrawling]

Filing will stop suits and avoid judgements from being placed.

Should they get a judgement before you file, you can have that removed after the bk process, as long as they are unable to secure it to property of some sort.

[kpapt]

Thanks DeadMan. Do you know how long it normally takes in Virginia to get the Judgment once the creditor files the lawsuit? I am just trying to figure out how much time I have to get the ball rolling. Thanks.

[music12]

kpapt, how much info can you get on the case through your search? with every complaint filed there must be a date by which you need to answer or a default enters. of course since you haven't been served, that really should not happen, but if you can find the date that would give you more info.

how long have you been overseas? if it's been very long, then even if they try to serve you only by mail, the mail would get returned to sender. so the court would have to know you have not been served and then they cannot enter a default. also, the process server (person who is supposed to serve you) is supposed to give the court a "return of service" where he says how he served you and when, etc. . for a complaint for $50,000, which is a lot of money, it's very possible they are required to serve you in person. check the rules for the court they filed in. if that's the case, the process server will have to file a "return of service" that says he was unable to serve you (or he would be lying, which isn't beneath him necessarily...).

between judgment and garnishment or levy, i don't know. did you leave any money in the US? if so, just withdraw it right away. have the banks mail you a check or wire transfer it to you.

[music12]

if you're in VA then this lawsuit was probably in circuit court (it's over $15,000). once it's filed, the clerk gives a summons to a process server who is supposed to serve within 5 days and give you 21 days to respond. they are supposed to try to serve you in person and if that fails, by mail. i didn't find anything that says what happens if the mail gets returned to sender. i am no expert on this obviously. you might call the court (anonymously!!) and ask for their general procedures; pretend to be a creditor who wants to sue somebody...

[justplaintired]

We waited as long as we could too. It took a lawsuit that pushed us to finally file. We had a judgement in May 09 and filed in June.

We quit paying cc in Jan 08.

I would get this over with too if I was you. I mean why would you want this hanging over your head.

I know this is just my opinion, but if you ever intend to live here again, or work here again, why wouldn't you file? Have you done the means test yet, do you know what chapter you would be filing. I would atleast call an attorney and get some legal advice. If they win a lawsuit, you will have this hanging over your head and that to me just wouldn't be worth it.

Good luck to you and you know it was a huge relief to me once we filed, now I just want those discharge papers so we can move on finally!

[kpapt]

Thank you Music12 and Justplain.

Music, I have been living overseas for a good 5 years now. I will call the circuit court on Monday to see what the status is and if I can get more info.

Justplain, I honestly do not see me living in the US for a long time if ever I do. I am happy as a clam here in Europe However I do business with America and my American customers pay into my US bank account which I have to keep open. Otherwise, I probably wouldn't have bothered filing because I have no assets in the US. I am pretty sure I qualify for Chapter 7 and yes I paid retainer fee to a lawyer back in 2007 but never got around to do actual filing. May be now is the time. Like I said, I just want this off my conscience.

[music12]

ok, good luck kpapt. just be sure not to identify yourself - you don't want them to mistakenly think that you were actually served. ask about the status without telling them who you are (they shouldn't ask, but if they do, still don't tell them).

do your bank accounts have your address overseas?

[kpapt]

Thanks for the tip Music.

Yes, the address on my bank account where I receive statements is overseas but I opened the account almost 10 years ago when I was living in Virginia so I assume they are still considered Virginia accounts? Why, you think it makes a difference?