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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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can a credit card company or collection agency go after property

Resolved Question:

can a credit card company or collection agency go after property in mexico owned by americans for a large unpaid balance
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

It's possible, yes, that this could happen. There would first need to be a judgment against that individual, meaning that there would have to be a lawsuit, a judgment obtained, then a "perfection" of that judgment. After that, the judgment would need to be taken to Mexico and "domesticated" (meaning sought to be enforced with the courts there). Only then could there be a lien filed against that property, so while it is possible, it is not as easy as it sounds.

ScottyMacEsq :

It is time intensive, expensive, and difficult to go after international assets of a judgment creditor. I myself have had such a situation in which I had a judgment but could not really enforce it because of the expense involved.

Customer:

Ok, what if the property is "technically" not owned by the American, rather owned by a "bank trust" through a legal document called a "fetas camisa" (not sure if spelling is correct.) many americans use this and these fetas camisas are good for 99 years?

ScottyMacEsq :

Then it would even be more difficult to go after.

ScottyMacEsq :

The trust would need to be shown to be an "alter ego" situation, in that it would be solely for the avoidance of creditors, and that would be difficult.

ScottyMacEsq :

Again, it's possible, but very difficult (and thus expensive and time consuming).

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

please give me a minute....coming up with 1 more question

ScottyMacEsq :

Okay.

Customer:

the american, (who lives in mexico full time and is apparently not planning on going back to the usa); he has a business there; could his (mexican) business be liened?....also, someone tried unsuccesfully to serve his mom in colorado; can he technicaaly be sued w/ out being sued or in absentia

Customer:

served, not sued

ScottyMacEsq :

The business couldn't be liened unless the business was in his personal name. That is, if it was an LLC, LLP, Corporation, or other limited liability structure, that would not be able to be liened. Now he could be sued, and service could be made by publication (if he couldn't be found), which could allow for the case to move forward and get a judgment against him.

ScottyMacEsq :

But even then, enforcement of that judgment is something else entirely.

ScottyMacEsq :

Even finding those assets are difficult, if they're not in his name and in another country.

ScottyMacEsq :

...much less trying to attach them or file liens against them.

Customer:

Thank You very much!

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11700
Experience: Licensed Texas General Practice Attorney
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