Legal Question in Credit and Debt Law in Pennsylvania

Consequences of defaulting on Canadian debt? I am a legal USA resident


Asked on 7/02/16, 5:35 pm

1 Answer from Attorneys

You will have to ask a Canadian lawyer. In the US, if someone owes debt and moves abroad, a judgment could be entered against them and the creditor would have the usual remedies of either wage garnishment (only 4 states do not allow that - PA, SC, TX and NC), bank levy or seizure and sale by the sheriff of any assets owned free and clear. If the debtor moves outside the US and does not have a US employer, bank account or US real/personal property, then there is not much a creditor can do. Most creditors are not going to go to a foreign country to try and collect money unless the amount owed is substantial and the debtor own lots of assets.

The debt, while on the US credit report, may not follow the debtor overseas. If the debtor ever returns to the US, then the creditor can try to collect if the judgment is still enforcible. While each state is different, most judgments can be enforced and/or renewed for 10 - 20 years. That is a long long time.

I would guess Canada might be similar and that a Canadian creditor cannot collect if there are no Canadian assets, but to be safe, I suggest you direct your question to a Canadian attorney. The attorney will also need to know exactly what kind of debt you have - credit card. student loan, tax debt for example and how much. If a lot, maybe you need to file bankruptcy if you plan to return to Canada at some point. Or maybe you need not do anything if you have no plans to return and no Canadian assets. I just don't know here and don't want to advise you on Canadian law as I am not qualified for that.

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Answered on 7/05/16, 9:22 am


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