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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116817
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Hello, I am US citizen residing in Asia. I have no US property,

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I am US citizen residing in Asia. I have no US property, bank accounts, or income of any sort within the US. I have just been informed that a summons had been delivered to my parents' home regarding an unpaid student loan (the total is $14,0000 plus fees), and I now have two weeks to respond. That being said, I do not wish to pay this loan. I understand my legal obligations, and I am fully aware of the average opinion on moral obligations, but I have made the personal decision to not pay off my students loans due to economic opinions I hold. That being said, I do wish to be strategic here.

I currently have a total amount of student load debt of $220,000, which is increasing daily due to interest, fees, etc. Again, I do not intend to pay it off. I also do not intend to return to the US, and my credit is already destroyed. I am not concerned with my credit score, etc.

I understand that if I do not respond to the summons, a default judgment will be granted, and eventually the lender will be able to garnish wages, place liens on property, and so forth. However, considering that I am not in the US, have no bank account with US entities, hold no property in the US, and otherwise have nothing of any value in the country, is there any real risk involved in not responding to the summons? Can I be jailed? Can they come after my very small income here in Asia? Or is there any other threat I am unaware of?

I apologize for the length of this, but I wanted all the facts to be presented. Any advice would be greatly appreciated.

Thank you in advance.
No, actually, they really cannot or will not come to Asia to enforce the judgment. In order to do so, they would have to actually take the judgment and get the court in Asia where you are located to recognize the judgment, which they will not do because you were never properly served and never had the chance to defend the suit and the cost to them would be more than they are even willing to spend. They also will not jail you for a debt. Thus, they will have a judgment that will just sit there until you ever return to the US for them to try to enforce.

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Customer: replied 4 years ago.

Alright. So, then, considering my plans of not repaying my loans and me being located in Asia, does is it make sense for me to not answer the summons? Since I am not at the address they sent to, not to mention not even in the country, I have not been properly served, correct? So, why respond?

Yes, that is correct, do not answer it as you are not living there and have not been properly served.
Customer: replied 4 years ago.

Great. Last question, do my parents have any obligation to respond saying that I do not live there? Or is the duty to serve correctly on the plaintiff? It seems that it's best for there to be no response to the summons, from either myself or my parents. Is this correct?

As long as your parents are not the cosigner on the loan they have no obligation. Any cosigner on the loan will end up liable for paying this since you have not paid.
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