Legal Question in Credit and Debt Law in Texas

Credit card default for non-American citizens

I am not an American citizen. I lived in the US for three years and incurred an American credit card debt. When I left the US, I appointed a consolidation agency to manage my debt payments, but there was a succession of errors and miscommunication between the bank and the agency, and I was hit with spiralling late fees, overlimit fees and raised interest rates, which I didn't find out about until several months later, because I was out of the country.

Usually I am able to pay the regular finance charges and some of the balance of this credit card. But I cannot afford all these accumulated rolled over charges as they currently stand, and I have told this to the bank. However, the bank refuses to negotiate any hardship program with me because of the previous mix-up with the consolidation agency.

I want to pay my bills, but the bank is forcing me to default on the debt! What recourse would the bank have if I defaulted? I have left the U.S. permanently. I now live in Japan and I have no intention of ever returning to live in the States (although I have some family there, so I may want to visit as a tourist in the future). However, I do have a bank account in the US (with virtually nothing in it).

Thank you.


Asked on 4/05/04, 6:43 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Credit card default for non-American citizens

The bank's recourse is to sue you. If they have a branch in Japan, they may be able to take action there. If not, they are limited to action in the US. I don't know if Japan is signatory to the Foreign Judgments Convention, where a US judgment would be enforceable in Japan. A local lawyer should be able to answer those questions.

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Answered on 4/05/04, 7:01 pm


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