Can You Be Arrested for Credit Card Debt When You Return to the US?
A few years ago I went through a hard divorce, and in the year after it I ran up a lot of debt on three credit cards, about $46,000 in all. After I lost my job, I left the country. I have dual citizenship and live in Europe now. I have not been back to the US in three years, and I have not had any contact with my creditors. I am working and financially stable now, and I would like to visit my family in the States and deal with the debt I left behind.
Can I be arrested for my debt when I come back? Can court papers be served on me while I am out of the country? And how can I find out if my debt has been sold?
—S.
Short answer
No. You will not be arrested entering or leaving the US over unpaid credit card debt, even if you were sued and a judgment was entered without your knowledge. Pull your credit reports to find out who holds each account now, and you can settle from wherever you live.
Key points on this page
- You will not be arrested for unpaid credit card debt entering or leaving the US, even if a judgment was entered in court without your knowledge
- Being sued abroad over debt that originated in the US is highly unlikely
- Garnishment, bank levy and property liens are real risks once there is a judgment, but they typically apply in the state where the judgment was issued
- Keep your creditors notified of your current address, so no one can claim they legitimately served you at an old one
- Pull your credit reports to see what happened to each account. A zero balance usually means the account was sold to a debt collector
- On debts this old, settling for less is usually the way to resolve them while saving as much money as you can
You will not be arrested for your unpaid debts entering or leaving the US.
That holds even if you were sued without your knowledge, and a judgment was entered in the courts.
Can a creditor come after you while you live abroad?
I have worked with many people to resolve debts that originated in the United States while they were abroad long term, for employment, for missions, or on a move they thought would be permanent. Some of those files had judgments where garnishment, bank levy, and property liens were real risks. But those typically apply in the state the judgment is issued.
Being sued abroad for debt originated in the USA is highly unlikely. In all of the files where I worked with people overseas, including the ones where judgments were involved, never has there been one where a risk to money or property in another country was part of the motivation for resolving the debts. It just does not happen with debts like credit cards.
Is it possible in theory? I suppose. Possible in the realm of reality today, not so much. And there would be many early warning signs that would let you plan and prevent it.
If you stop paying and are out of the country for a long stretch, or permanently, the normal collection cycles will start, but there is not much that will occur. I doubt you would even get collection calls.
Being sued without knowing it
There has been a big problem with people being sued for debts without proper legal notice being given. It is a concern, though not as high a one as it has been in the past.
You can change your address to a mail drop service that scans all of your mail and emails it to you, which prevents some of this concern. You can also put your creditors on notice that you are moving abroad, and have your address changed to your new one. That makes it hard for the bank, or a debt buyer that may later end up with the account, to say they legitimately served you at an address where you no longer live.
Finding out what happened to your old accounts
Start by pulling a copy of your credit reports. You are entitled to free copies from each of the three major credit bureaus at annualcreditreport.com, and you can also buy a copy directly from any of them. If the online request hits a snag because you do not have a US address, you can make the request through the mail, or purchase a 3 in 1 report directly from one of the bureaus.
Look at how each account shows the balance currently owed. If there is a zero balance owed, the account was likely sold to a debt collector. If there is a balance reported as owed today, you may still have to work with a collection agency to resolve it, if the creditor has placed your account with one.
The simplest thing to do is call the original creditor to find out the status of your account.
Settling from outside the US
Given how old debts like these are, I would encourage settling with them in order to resolve the debts, while saving as much money as you can.
You do not need to be in the US to do it. You can settle with a debt collector later, and from wherever it is you land. For anyone reading this, who is having to leave the US with unmanageable debt, consider setting up a mail scanning service. It will help you track creditor and collector communications sent to a previous address, which will keep you organized.
If you are still in the US and planning to leave, know that you generally need to have missed a few monthly payments before a legitimate settlement negotiation can occur. With most major credit card lenders, your best opportunities will come between 150 and 180 days late. I cover that timeline in why settling credit card debt is like running a race, and what to expect once an account is placed for collection in settling credit card accounts with a collection agency after charge off.
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