Can a creditor sue you in a different state?

[Proxy]

Scenario

Thanks Optimistic.

Well I haven't changed my address to his yet(just planning ahead), so i believe getting the PO box is the best thing to do .

I basically am insolvent, no assets, no wages to garnish. Hence I would be judgement proof then, perhaps ??;-) If I have default judgements levied against me, should i be worried for the time I am out of the country?Heck I can arrange that I never come back till the SOL applies.

The SOL in CA is 4 years i believe, anyone tell me if that is correct? So is the 4 years counted from which date?

If i should decide on coming back to the US to live and work(after June/July 2010) I will then file BK. If I plan on staying on in Europe for the next 4 to 5 years, I probably won't bother to file and just wait out the SOL??

*** I am in Sacramento County

I stopped paying CC's Feb 2009, debt amounting to 85K possibly 100K by now with accrued interest All I have are CC debts plus a foreclosure of my primary residence.

What do you think of this scenario?? Perhaps I should start a new thread and solicit advice thru that??Any input is much appreciated.

[treehugger1]

I'm not so sure the SOL time keeps tolling if you leave the country.

[junker]

you CAN also get a ups store mail box and maintain an address in one state and use that address for your defaulted credit. even if you move out of state...the toll keeps going. they will gladly forward your mail to any address you provide to them. you can also tell them to NOT accept certified mail. You CAN have an address in any state you wish, and not necessarily live there. With UPS stores, the address you get doesnt look like a po box. it looks like a apt...i signed up for one when i left florida and moved back to california...they forward my mail when ever i call and tell them to.

[Proxy]

you CAN also get a ups store mail box and maintain an address in one state and use that address for your defaulted credit. even if you move out of state...the toll keeps going. they will gladly forward your mail to any address you provide to them. you can also tell them to NOT accept certified mail. You CAN have an address in any state you wish, and not necessarily live there. With UPS stores, the address you get doesnt look like a po box. it looks like a apt...i signed up for one when i left florida and moved back to california...they forward my mail when ever i call and tell them to.

Thanks for your input, that is a good suggestion the UPS store, but since there is a person manning the counter, wont that person be served on behalf of me??

[Proxy]

If you move from one state to another the SOL for the state the debt was created in stops. Only after you have established a residence for a period of time (state dependent) do you then get to use your current states SOL time. Depending on where you move it can be longer or shorter.

If you move out of the country the SOL stops until you return. Just remember you can be sued at your last known address by publication and then they can obtain a judgment against you. So lets say you leave the country and they have no idea your gone. They file suit but can't find you to serve you. They then serve you by publication, sue you, get a default judgment and it is good for 10-30 years.

If i leave the US, the "authorities" won;t know i am gone , I have no relatives here, no family (they are all gone overseas :-)We all have dual or triple citizenship in Europe thru our parents(they are from different countries). I will "maintain" ca residency with current driver's license etc and i have always voted absentee ballot for years, so i will just tell my friend to forward the vote to me and then send it back to him to mail locally.How will they know I have been gone? I will also file zero income for taxes.

However, i see what you mean about being sued by publication. Most of my CC debts are either 15K ,50k, 20k amounts etc..with Chase, Citi , Wells fargo and Amex.(6 cards amounting to approx 85 k, about 100k by now i reckon :-0

I have been in CA 17 yrs now continuosly. I know it may sound like i am skipping town, but i do love CA and somehow hope to return if not to live, to visit at least.


So the verdict is to file BK if i can then since judgements can haunt me for 10-30 yrs.???

Appreciate the info!

[junker]

when i opened my ups box, they asked if i wanted them to accept certified or regiistered mail. so you have that option....but given the amounts u owe they will probably serve by publication.... a judegment in california is good for 10 years...and must be renewed BEFORE it expires....

[Proxy]

Forgive me for sounding ignorant, but what do you mean by "renewed"?? The creditor (the collection agencies or attorneys on behalf of their client the CC company you mean?)

If after 10 years, can I remove the judgement info fr my credit report? So is it 10 yrs from when the judgement was levied??

[junker]

a judgement is valid for 10 years in california, it can be renewed for another 10 years, but they must renew it BEFORE it expires. although the judgement stays on credit report for 7 years, it is still active.for another 3 years beyond that... so they can still go after your bank accts... of the judgements i have had,,they did not bother to renew them... i think a lot depends on what you have that they think they can get from you.. they will probably do an asset search...to see what you have...before deciding to renew...