Author Topic: Getting sued when out of the country for 6 months  (Read 673 times)

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bankrupt trader

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Getting sued when out of the country for 6 months
« on: May 17, 2018 08:36:21 PM »
I have a 100K+ debt with an online brokerage account. The debt is now over 3 months old and I have yet to get sued.

I plan on leaving the country from maybe November through April, up to 6 months but I could come back early.

What happens if my creditor decides to sue me while I am out of the country?

Is there anything I can do to postpone any court hearings if I am out of the country in Asia?

It will stink if I'm in some of these south Asian countries and all my bank accounts are frozen because the only way to get cash is through the ATM.

I'm looking for any tips or advice about how to deal with a lawsuit getting started while I'm abroad.

I don't know why I haven't been sued yet as its been 3 months, I've been waiting for them to sue my ass so I assume at this point I won't get sued before I leave in November.


BrokeBob

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Re: Getting sued when out of the country for 6 months
« Reply #1 on: May 17, 2018 09:35:09 PM »
What did the bankruptcy attorney say when you asked him this question?

bankrupt trader

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Re: Getting sued when out of the country for 6 months
« Reply #2 on: May 17, 2018 09:48:40 PM »
What did the bankruptcy attorney say when you asked him this question?

I decided that this trip is much too important so I'm just going to deal with it after the trip.

If I filed bankruptcy I wouldn't have enough money to last me the 6 months. This could be the last multiple month trip I will do in my life so it is very important to me and I'm not going to let money get in the way of it. I have the rest of my life to make money and work, but I won't necessarily have the time & health & freedom, to do an adventurous multiple month trip like this.

To sum it up nothing is going to get in my way of this trip. 

ironfist

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Re: Getting sued when out of the country for 6 months
« Reply #3 on: May 17, 2018 10:56:20 PM »
There are no guarantees, but my guess is that they'll just serve you once you get back. There is something in most jurisdictions called "service by publication", although it's not frequently used.

There's also no rule on when they'll sue, or even if they'll sue at all. My spouse wasn't sued for most of her debts until the statute of limitations was getting close to running out. The time period between her defaulting and being served with a lawsuit was several years.

Being out of the country for six months probably won't make much, if any, difference.

Bubbles

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Re: Getting sued when out of the country for 6 months
« Reply #4 on: May 17, 2018 11:05:04 PM »
What if a creditor gets a default judgment while you're away and empties your bank account?

No ATM funds. //

The only way to immediately and reliably stop collection activity is BK.

BrokeBob

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Re: Getting sued when out of the country for 6 months
« Reply #5 on: May 18, 2018 12:35:25 AM »
If there is a danger of your money being snatched from your bank account while you are away, why then would you want your money in the US?

There are foreign countries in which one can open up an account in US dollars.

OR, you might open up an account in the local currency.

In the old days, we used to convert our money into travellers checks before going abroad. 

I remember the in the late 1990s, there was a major currency collapse in Asia.  I was teaching college (in the US) at the time, and it was interesting to see what happened to some of the foreign students.  One student from Japan made sure to get enough money into dollars in the US to live off of for a year.  So when the Yen dropped, it didn't hurt her nearly as much. 

CleaningUp

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Re: Getting sued when out of the country for 6 months
« Reply #6 on: May 18, 2018 02:12:30 AM »
I would think that that sort of transaction might just tip scales when the BK comes along.

This is getting more and more like someone wants to have his cake and eat it, too.

I wouldn't be betting the entire cake on family connections on his return.

bankrupt trader

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Re: Getting sued when out of the country for 6 months
« Reply #7 on: May 18, 2018 02:29:16 AM »
I would think that that sort of transaction might just tip scales when the BK comes along.

This is getting more and more like someone wants to have his cake and eat it, too.

I wouldn't be betting the entire cake on family connections on his return.

What transaction are you talking about?

What do you mean by family connections?

The only thing I mentioned about family connections is that they will help me get a job. But please understand that this is an entry level union job that pays 80K + pension starting at year 1 in my city and there are thousands of people working all over the city at this job. I am getting my license right now for this job.

I would not even need family connections to find a job, but it would cut down the time from maybe 2 months to instantly for this entry level job. This is only because I have family in high positions and they know people who employ and hire for these positions. One family member even got someone a job over 30 years ago who is now top position of a huge company who hires hundreds of these people, this family member never even asked him a favor to ever get anyone a job.

But we are speaking of a entry level job here for which has reasonable turn over rate, it just that all union jobs in my city pay ridiculous amounts.

Think of it like this, what if you had a parent who was top person as a longshoreman, don't you think he would be able to get his son an entry level job? I wouldn't even want this job if I didn't lose all my money.

CleaningUp

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Re: Getting sued when out of the country for 6 months
« Reply #8 on: May 18, 2018 02:34:12 AM »
Having a lien put on years after the fact.

Have at it, cowboy.  And I thought that there wasn't any thuggery any longer in the Longshoreman's Union...Silly me.


bankrupt trader

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Re: Getting sued when out of the country for 6 months
« Reply #9 on: May 18, 2018 02:41:09 AM »
Its not longshoreman but just similar in pay. I just gave that as an example of how much these union jobs pay, be it an iron worker, electrician union, its really high.

That is $80K a year without overtime also, if I work overtime I'm probably looking at closer to $100K a year. Most people work overtime as it pays time and a half.

This is what begs the question, with my TAX loss of losing all my money I will be able to knock off 80% of that 100K in taxes. Stupid new tax rules <Removed> me or it would have been 100%. I'm claiming my tax loss of investing as a business.

If I can pull in 100K almost tax free in one year, I almost think its just worth paying the <Removed> loan back and calling it a day. This is why I'm not exactly all that worried about if I get stuck paying the loan back.

Especially since I will be able to keep my car. So really its less than a years salary as if I sell the car personally I will be able to get much more than if it went to auction.

What do you think?

bankrupt trader

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Re: Getting sued when out of the country for 6 months
« Reply #10 on: May 18, 2018 02:43:20 AM »
Having a lien put on years after the fact.

Have at it, cowboy.  And I thought that there wasn't any thuggery any longer in the Longshoreman's Union...Silly me.

I didn't say if there was also new money lent to me, Rent is expensive in my city and also for the fact that I've taken over a complete apartment at my fathers house. Its a 2 family house and I've taken over the 2nd family house which has a rent able income of at least $1500 a month.

CleaningUp

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Re: Getting sued when out of the country for 6 months
« Reply #11 on: May 18, 2018 02:43:43 AM »
I thought thuggery AND nepotism were out of the union portfolio.

I think you could well be labeled a scam artist.

CleaningUp

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Re: Getting sued when out of the country for 6 months
« Reply #12 on: May 18, 2018 02:45:46 AM »

I didn't say if there was also new money lent to me, Rent is expensive in my city and also for the fact that I've taken over a complete apartment at my fathers house. Its a 2 family house and I've taken over the 2nd family house which has a rent able income of at least $1500 a month.



Oh, my, you ARE inviting the BK trustee to take a real hard look.  Are you paying the $1500 a month or are you just adding it to the tab that you are going to stick your dad with when you do go belly up?

Nice kid.  REAL nice kid, you are.

There was a BK case in Massachusetts a few years ago with this sort of wheeling and dealing and a couple of off-shore accounts.  The BK applicant was jailed for more than a year for contempt of court.

Not saying it could happen to you, but BK trustees know all the games and are pretty good as seeing through the flying particles.

bankrupt trader

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Re: Getting sued when out of the country for 6 months
« Reply #13 on: May 18, 2018 02:50:53 AM »
I thought thuggery AND nepotism were out of the union portfolio.

I think you could well be labeled a scam artist.

I'm as much of a scam artist as everyone else trying to keep what they can from creditors.

Union jobs always get their family in, that is almost every job except for maybe government city jobs which work with lists and tests. They still hire who they want in union jobs, at least the one that I will be working at.

I won't be working where my family works, they will contact their friends who are in positions to hire to hire me at their location. I don't think I could work where my family works.

Thinking about it, certain city jobs hire who they want but they can't hire family. For example, I know someone who is a principal of a school, she can hire who ever she wants but not family. If family needs to be hired she just calls any of her principal friends and connections in other schools and they hire her family.

This is normal and goes on everywhere.

Flyingifr

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Re: Getting sued when out of the country for 6 months
« Reply #14 on: May 18, 2018 07:00:40 PM »
I think they will have a real hard time serving you with the summons if you are out of the country, especially if they don't know where you are. Just remember - they can START a lawsuit by filing it with the Courts, but that really means NOTHING. Suit isn't "joined" (meaning heading towards a Court Room in front of a Judge) until you are served. Lots of lawsuits die an early death when the process server is unable to locate the defendant to serve the summons, and service by publication is not automatic. It generally is allowed only when there is a pressing need for the suit to continue, such as to clear title to real estate (so the tax collector can collect the taxes from the correct owner) or in Family Court (to allow for decisions regarding Child Custody or Divorce from a spouse who abandoned the family) or in Surrogates Court so that a decedent's estate can be settled and turned over to the legal heirs. If you look at the summonses that are published in the newspapers, you will see that just about all of them fit into one of these three categories. In 35 years I have never seen one in the newspaper over a debt collection case.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

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