What is the future implication if I left credit card debts in the US and I am now in Poland? - Bankruptcy Law Questions and Answers- LawQA.com

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What is the future implication if I left credit card debts in the US and I am now in Poland?

I’m from Poland and I got married in the USA in 2009. My husband abused me so I moved back to Poland in a couple of months. I have two credit card I have to use to move back home and they are completely submerged because of the travel costs. I can’t pay them, I have no money. I’m not going to return to USA. What could the future implications? The debt may deduct from my husband? Thank you so much for all your help! Have a nice day! Thank you again!

Law Office of John C. Farrell, Jr.
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With respect to the credit card debt, you will owe it per the agreement with the credit card company. Your credit file in the USA will also be affected. Every state has a Statute of Limitations which is the time period that the debt can legally be enforced. Every state's time is different. That being said, if you have no intentions of returning to the USA you can not be extradited from Poland for this debt. Additionally, the debt will likely age and be written off and some attempts of collections will likely be pursued against someone that is not in the country.

Answer Applies to: Massachusetts
Replied: 4/14/2015

Answer By Joseph Schramm

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In all likelihood the credit card companies would not pursue you in Poland because it would be too complicated for them to file a complaint in the U.S. and then try to serve you through international treaty like the Hague or through some other protocol between the U.S. and Poland. Unless there would be a lot of money involved it would not be worth their effort to do so. Even if they did make the effort and were able to obtain a judgment against you in the U.S. they would have to enforce that judgment through the Polish courts and that could be difficult for them to do. As for future implications, you might have the nonpayment of your debt recorded in the U.S. credit reporting systems and, perhaps forwarded to any similar credit reporting agencies in Poland and that might affect your ability to obtain a loan later on in your country. However, I am unaware of how the Polish economic system works. If the credit card were in the names of both you and your estranged husband the companies might choose to pursue him to collect the debt instead of you because it would be easier to pursue him in the U.S.

Answer Applies to: Pennsylvania
Replied: 4/2/2015

Answer By Dorothy G Bunce
A Fresh Start
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Credit card debt is a civil, not a criminal matter in the US. While the creditor could sue you in the US, unless the amount of debt is in excess of $25,000 US, it is doubtful that the creditor would go to the bother or trying to find you outside of the US or bringing legal action in your country under international treaty to collect from you. If your spouse cosigned or guaranteed payment of these accounts, it is likely that the creditors will look to him for payment. That's his problem!

Answer Applies to: Nevada
Replied: 4/1/2015

Answer By Darren Aronow
The Law Office of Darren Aronow, PC
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They can't do anything to you in Poland. If your husband did not co sign the credit cards then there is no implications to him either. If he did co sign then they can pursue him for the debts.

Answer Applies to: New York
Replied: 4/1/2015

Answer By Ronald K. Nims

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Whoever now owns your debt on those cards would have to sue you to attempt to collect. Since you're out of the country, they'd have to sue you in Poland. While it's always possible, if they haven't attempted to collect in 6 years, it's unlikely they will try in the next couple years. Depending on the state you lived in, the lender's right to collect expires anywhere from 8 to 10 years after you made your last payment.

Answer Applies to: Ohio
Replied: 4/1/2015


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As a practical matter it would be very difficult for the creditors to be able to sue and obtain any monies through garnishment. You probably should be able to file bankruptcy though I have no knowledge of the laws of Poland.

Answer Applies to: Minnesota
Replied: 4/1/2015

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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I have no idea about them coming after you. He may be stuck with them if he co signed for them.

Answer Applies to: California
Replied: 3/31/2015

Answer By James T. Weiner
James T. Weiner & Associates, P.C.
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Against you very little can be done since you are in Poland and not going to return to the US although you might have a hard time getting credit in Poland (I do not know) Your husband can be charged IF he was a cosigner on the accounts.

Answer Applies to: Michigan
Replied: 3/31/2015

Tokarska Law Center
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Sorry to hear about your troubles. They go after husband, I assume to be ex-husband shortly, if he is a co-signor on the account. If the account is strictly in your name, he's not obligated to repay. When a debt is not paid, basically two things could happen and the timeframe we're talking about is typically between 2 and 4 years: 1) the creditor writes off the debt, debt is sold maybe resold several times, no one ever brings a lawsuit to court, statute of limitation for filing a lawsuit expires - In this scenario after the SOL expires basically the debt is uncollectible 2) same as above except the creditor or a third party who purchased the debt sues in state court, gets a judgment in an attempt to collect from assets (bank accounts, wages, real estate holding) - if they are inclined to spend the extra money they can go after debtor's assets in another country Will they go after you in Poland? Can't say for sure, but it's not likely unless we're talking about a significant sum of money and by that I mean more than a couple of thousand dollars, and the creditor has reason to believe that there are sufficient assets abroad to go through the extra trouble and expense to domesticate the judgment abroad. As far as your credit scores, I assume you don't care too much about this if you're not coming back. After 7.5 years this should fall off the credit report unless the debt is reduced to a judgment in which case that will stay on credit report until it expires assuming it is not renewed.

Answer Applies to: California
Replied: 3/31/2015

Stacy Joel Safion, Esq.
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You will have a bad credit rating here and maybe a judgment against you.

Answer Applies to: California
Replied: 3/31/2015

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