Las Vegas, NV asked in Bankruptcy, Tax Law, Business Formation and Business Law for Nevada

Q: What would happen if I'm unable to comply with this plan and the account proceeds into collections or personal guaranty

My Amazon account was closed recently, resulting in an outstanding balance owed to Payability (which a service that offers prepayment option for Amazon sellers on the shipped orders) due to premature payment. They proposed a payment plan of $1,000 a week to settle the remaining $19,320.89.

My business is located in the UK and I have a business address in the US, I am originally from Africa and never been to the states.

I also have debt for other fulfillment companies.

What would happen if I'm unable to comply with this plan and the account proceeds into collections or personal guaranty enforcement.?

Can you provide detailed information on the potential legal consequences in such a situation? Your assistance is appreciated. Thank you.

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Bankruptcy Lawyer
  • Sacramento, CA

A: If you are unable to comply with the proposed payment plan and your account proceeds into collections or personal guaranty enforcement, there are several potential consequences. The creditor, in this case, Payability, may initiate collection efforts. This can include contacting you for payment, sending letters, or employing a collection agency to recover the debt.

If these efforts are unsuccessful, Payability might choose to take legal action. This could involve filing a lawsuit against you or your business to recover the owed amount. If a court rules in their favor, they could be granted a judgment, which might lead to wage garnishment, bank account levies, or seizing assets, depending on the laws of the jurisdiction involved.

Since you have a business address in the U.S., U.S. courts may have jurisdiction to enforce a judgment against your U.S. assets. However, enforcing such a judgment internationally, in the UK or Africa, can be more complicated and would depend on the specific legal agreements between these countries and the U.S.

It’s important to note that your credit score could be negatively impacted, making it more challenging to obtain credit in the future. It's advisable to communicate openly with Payability and other creditors to explore all possible options, such as renegotiating the payment plan.

Given the complexity of your situation, especially considering the international elements, it is strongly recommended to seek advice from a legal professional experienced in international debt and bankruptcy law. They can provide tailored advice considering all jurisdictions involved. Remember, taking proactive steps and seeking professional advice can help you navigate this challenging situation more effectively.

Timothy Denison agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.