Q: what should be done to avoid criminal proceedings or any other proceeding for credit debt default judgement ?
Credit card maxed out by doing balance transfer amount is 4000$
I was using the same credit card for 3 years in the past
I have moved out of USA as wife lost job
Warrant in debt filed after 3 years I left the country
Hearing happened the same year but I was not in the country so didn't know about this
Its been more than 10 years since I left the country
Now case status is Plaintiff Judgement is "Dimissed"
Defendant (myself) judgement is "Judgement vacated"
I am planning to come back to USA.
Is the case is still active ? What should be done to avoid criminal proceedings or any other proceedings so I can come back ?
is it possible the case got dismissed because the debt collector couldn't "service" the lawsuit ?
A: There are generally no criminal proceedings in a civil debt default action. It is purely civil. The language you use above regarding status would leave one to believe that the judgment was vacated and the case dismissed.
Tim Akpinar agrees with this answer
1 user found this answer helpful
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (760) 409-7705
- View Profile
- Answered
A: From the facts that you give, it is likely that the statute of limitations has expired and that the creditor can no longer collect on any debt. However, if the creditor got a judgment against you, because you didn't appear, then the judgment may still be valid and collectible if and when they locate you in the U.S. If you are worried about it, you should consult a local attorney once you return so that the attorney can review the paperwork and the court file.
Tim Akpinar agrees with this answer
1 user found this answer helpful
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Based on your case status, it appears that the judgment against you has been vacated and the plaintiff’s judgment dismissed. This generally means that the case is no longer active. However, it's important to verify this by checking with the specific court where the case was filed to ensure there are no lingering issues.
When you plan to return to the USA, it’s wise to obtain a copy of your court records to confirm the current status of your case. Clearing up any misunderstandings now can help prevent potential complications upon your return. Additionally, addressing any remaining debts or obligations can strengthen your position and reduce the risk of future legal actions.
Regarding the dismissal, it is possible that the case was dismissed because the debt collector was unable to properly serve the lawsuit. Service of process is a critical step in legal proceedings, and failure to complete it can result in dismissal. Ensuring that all your records are up to date and communicating with the court can provide clarity and peace of mind as you make your move back.
Tim Akpinar 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.
