Legal Question in Credit and Debt Law in Georgia

Dear Attorney

I've a problem with credit agencies and my bank credit issuer(AMerican express) with a past due payment of $1500and this particular payment has been referred to credit collection agencies.consequently next option would be appearing at court.Unfortunately i'm outside of U.S and i've already been removed,deported to my native home in 2005.The way i got this credit card from AMEX is i contacted my friend for my credit card to be sent at his address in Atlanta,GA. Additionally American express has approved my online application that i sent from Europe.So in this case what'll happen by the time of sheriff come with a warrant into my friend address,which my credit card was sent to Atlanta,GA.In this case what'll be the consequences?i'm looking to hear from you.


Joe H.William

Asked on 4/30/13, 3:33 am

1 Answer from Attorneys

If you are outside the US and have no plans on returning to the US the last thing in the world I would worry about is the lawsuit.

If you have no property in Georgia and do not have an employer there, then they cannot garnish your wages. Your US credit report does not follow you to your country.

If you ever return to the US, you will have a judgment and you will need to make plans to deal with it.

Why would the sheriff come with a warrant? Not paying debts is usually a civil matter if the card was issued in your name albeit to your friend's address. Did you ever provide a change of address to American Express? You should have done so they will not keep sending letters and notices to your friend.

The process in civil debt collection cases is that a debt charges off and is sent for collection. The debt collection agencies try and collect. If they do not succeed, the creditor either sues or sells off the debt to a junk debt buyer who sues. The creditor or junk debt buyer, if they sue, recovers a civil judgment for money. They try and collect on the judgment by having the sheriff seize assets that are owned free and clear, seize any monies in a bank account and garnish your wages if you are employed. But this assumes that you work in Georgia, have bank accounts in Georgia or own free and clear assets in Georgia. If you don't then the judgment just sits and earns interest.

American Express will settle this debt depending on how much is owed. If you are interested in just putting this matter to rest and have the funds to settle the debt in a non-bankruptcy non-litigation context, I can assist. Please email me at [email protected]

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Answered on 4/30/13, 6:14 pm

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