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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
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Experience:  Experienced Licensed Attorney
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I am Dutch citizen and currently working in Miami, FL USA.

Resolved Question:

I am Dutch citizen and currently working in Miami, FL USA. I came here as a student and since a year I am working in a company. In the Netherlands I had a house foreclosure in 2003. Me and my ex-husband were equally responsible for the debt.The amount that I owe is 96.000 euros.My ex has been excluded from the debt due to his psychological problems. Now bank gave this case to a collection company and they found out about my employment here and sent me an email saying that if I don't act upon it, or meet a payment option they will suspend my salary or make an execution to my belongings. Neither in NL nor in USA I don't owe any accounts, house or anything that is valuable. My only income is my salary, I have a husband and a baby. My husband is still student and works part time in a company. In this case I have these questions:
1- is there any agreement between USA and NL meaning the collection company can collect my debt here in USA? or are they just threatening me?
2- If they have right to collect it, what precautions should I take?

Thanks
Submitted: 2 years ago.
Category: Legal
Expert:  Alex J. Esq. replied 2 years ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

1) Generally, the bank can sue you in Holland for the debt owed and if the bank obtains a judgment against you, it is likely that the bank will be able to domesticate this judgment in Florida court and start collection activity upon it, which can include garnishment of your wages, your tax refund checks, your bank accounts and also seizure of your personal assets such as cars or boats and placing lien on any real estate that you have or might have in the future.

2) I would suggest that you consult and retain an experienced consumer protection law attorney in Holland or in the US, depending where this collection company is located and try to negotiate either a settlement where you can pay a reduced lump sum or an affordable monthly payment to avoid this matter from going any further.



You can find an experienced and licensed local Consumer Protection Law attorney by using these well-trusted and reliable attorney information/referral websites:

www.martindale.com
www.justia.com
www.lexmundi.com
www.lawyers.com


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Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 13057
Experience: Experienced Licensed Attorney
Alex J. Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
Thanks for answering my question Alex.My close friend was in the same situation and he moved to UK. According to UK law there were no agreements between UK and Holland so that is why he never had to pay anything back, and they have never came after him to ask any debt. So I have found out that the situation varies per country. So when you are saying "Generally" did you take European Union as base? Or are you really talking about the agreements between USA and Holland? Thanks in advance!
Expert:  Alex J. Esq. replied 2 years ago.
Thank you for your follow up.

While, it might be somewhat complex for an attorney in Florida to obtain a Florida judgment based on the judgment issued by a court in Netherlands, it can be done based on comity and mutual recognition of the money judgments that is common between the US courts and Netherlands and had been done many times before.

Basically, you can either try to settle this debt now or wait to see if the bank pursues a judgment against you in the US and if it does, you will be notified and will have a chance to either contest it or settle this matter.

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