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Indrivning av skulder i utlandet - Utlandsbosatta med skulder i Sverige
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<blockquote data-quote="Frank M" data-source="post: 385806" data-attributes="member: 8989"><p>you can definitively return to Sweden to visit and you would not be arrested, however, I would make sure that all (valuable) property, e.g., jewelry etc., is in your possession and not your husband's, it is possible that if you are stopped or questioned by police, for other reasons, e.g., a speeding ticket, that police will search their database, find your husband's debts, notify the Swedish Enforcement Agency (Kronofogden), and literally confiscate property on the spot, the entire debt system in Sweden, is along the lines of "you are guilty until YOU prove that you are not," in short, you should under NO CIRCUMSTANCES get your name involved with your husband's when it comes to whatever it is he owes; also, the debts your husband have, appear to be consumer debts, not taxes or things owed to the government, it would very likely, NOT be worth it for any European creditor to try to go after you in the United States, the things your husband needs to do (again NOT you, you need to stay as far away from this as you can and NOT be involved) is 1) do NOT admit to the debt in the United States; 2) do NOT answer ANY communication from debt collectors in the United States or Europe (or anywhere else for that matter), it is theoretically possible that the European Financial institution may try to sell the debt (for cents on the dollar) to an American Debt Collection agency, any American agency, with half a brain, would never buy this debt, as it is (almost always) completely unenforceable in the United States, but if someone is dumb enough to do so, they may very well try to intimidate you with phone calls and mailings, these need to be 100% ignored and if persistent, file a harassment complaint through consumer protection in your state, it likely would be easier to just ignore, but if you do feel harassed, it is very possible that what the debt collection agency is doing, would be illegal under your state's laws; 3) the ONLY communication that your husband absolutely HAS to respond to is a summons from the court system in the state where you reside, do NOT ignore a summons, if you do, then a default judgement could be issued, many debt collection agencies, are "banking on," (no pun intended <img src="https://www.xn--lnforum-exa.se/upload/smilies/smiling-face-with-smiling-eyes_1f60a.png" class="smilie" loading="lazy" alt=":)" title="Smile :)" data-shortname=":)" />) that you do NOT respond and then get a default judgement, it is all about volume for these guys, however, if you do respond, it is very unlikely the case would go anywhere, you would want to consult with a lawyer if this happens, but don't worry, once there appears to be "work" involved, the debt collection agency will give up 99% of the time; 4) remember, none of this, unless a judgement is issued, e.g., your husband does not respond to a summons from the court system, it could never affect your husband's credit in the United States; 5) also, remember, a summons in the United States needs to be hand delivered by a service processor to your husband (or possibly you, if you reside at the same address) and EVERYTHING has to be perfect, one misspelling of a name, wrong middle initial etc., will make it null and void, process serving rules and regulations, vary from state to state, and sometimes (only in some states) for very small amounts (i.e., "small claims court), communication that is not through an official process server is legal, but this would appear not to apply to you, in short, if there is a lawsuit against your husband you will know; 6) if you are still concerned you may be "missing" a lawsuit, then call the Clerk's Office for the court system within the county where you reside, and they can let you know if a law suit has been filed, in many counties, this information is also available online, and sometimes there are even state wide databases that can be searched online; 7) AGAIN, IT IS EXTREMELY UNLIKELY THAT ANYTHING WOULD PROGRESS BEYOND #2, so really, don't worry, and if it does, as long as your husband pays attention, he is most likely going to prevail, especially, let's say, on the 0.5-1%, that this was to go to trial, consumer laws in your state are likely to be the ones enforced, NOT the (draconian) Swedish laws, and there is almost no chance at all, a debt collection agency, owning a foreign consumer debt would prevail, and in the end, they would be responsible for all court costs when they loose (this is also significantly more expensive than it would ever be in any European country), in short, they are not going to bother doing this... 8) of course, if you husband moves back to Sweden, Swedish laws would prevail, and his credit rating would be in the dumps, very little chance of getting a loan etc., however, it sounds like this may already have happened, so your husband, if he ever plans on living in Sweden again, needs to wait until the statue of limitation runs out, which, when it comes to Sweden is not straight forward, but again, your husband has already created this mess (in Sweden), and you're here now, so, from a financial standpoint, I would leave Sweden as a place you visit in the summer and on holidays... and AGAIN, YOU PERSONALLY, need to stay away from your husband's debts, if there was to be a divorce and you want to move back to Sweden, you should not need to be saddled with your husband's financial mess... also, make sure your husband behaves himself in the United States, he has a second chance, and it would be advisable he pays his bills going forward...</p></blockquote><p></p>
[QUOTE="Frank M, post: 385806, member: 8989"] you can definitively return to Sweden to visit and you would not be arrested, however, I would make sure that all (valuable) property, e.g., jewelry etc., is in your possession and not your husband's, it is possible that if you are stopped or questioned by police, for other reasons, e.g., a speeding ticket, that police will search their database, find your husband's debts, notify the Swedish Enforcement Agency (Kronofogden), and literally confiscate property on the spot, the entire debt system in Sweden, is along the lines of "you are guilty until YOU prove that you are not," in short, you should under NO CIRCUMSTANCES get your name involved with your husband's when it comes to whatever it is he owes; also, the debts your husband have, appear to be consumer debts, not taxes or things owed to the government, it would very likely, NOT be worth it for any European creditor to try to go after you in the United States, the things your husband needs to do (again NOT you, you need to stay as far away from this as you can and NOT be involved) is 1) do NOT admit to the debt in the United States; 2) do NOT answer ANY communication from debt collectors in the United States or Europe (or anywhere else for that matter), it is theoretically possible that the European Financial institution may try to sell the debt (for cents on the dollar) to an American Debt Collection agency, any American agency, with half a brain, would never buy this debt, as it is (almost always) completely unenforceable in the United States, but if someone is dumb enough to do so, they may very well try to intimidate you with phone calls and mailings, these need to be 100% ignored and if persistent, file a harassment complaint through consumer protection in your state, it likely would be easier to just ignore, but if you do feel harassed, it is very possible that what the debt collection agency is doing, would be illegal under your state's laws; 3) the ONLY communication that your husband absolutely HAS to respond to is a summons from the court system in the state where you reside, do NOT ignore a summons, if you do, then a default judgement could be issued, many debt collection agencies, are "banking on," (no pun intended :)) that you do NOT respond and then get a default judgement, it is all about volume for these guys, however, if you do respond, it is very unlikely the case would go anywhere, you would want to consult with a lawyer if this happens, but don't worry, once there appears to be "work" involved, the debt collection agency will give up 99% of the time; 4) remember, none of this, unless a judgement is issued, e.g., your husband does not respond to a summons from the court system, it could never affect your husband's credit in the United States; 5) also, remember, a summons in the United States needs to be hand delivered by a service processor to your husband (or possibly you, if you reside at the same address) and EVERYTHING has to be perfect, one misspelling of a name, wrong middle initial etc., will make it null and void, process serving rules and regulations, vary from state to state, and sometimes (only in some states) for very small amounts (i.e., "small claims court), communication that is not through an official process server is legal, but this would appear not to apply to you, in short, if there is a lawsuit against your husband you will know; 6) if you are still concerned you may be "missing" a lawsuit, then call the Clerk's Office for the court system within the county where you reside, and they can let you know if a law suit has been filed, in many counties, this information is also available online, and sometimes there are even state wide databases that can be searched online; 7) AGAIN, IT IS EXTREMELY UNLIKELY THAT ANYTHING WOULD PROGRESS BEYOND #2, so really, don't worry, and if it does, as long as your husband pays attention, he is most likely going to prevail, especially, let's say, on the 0.5-1%, that this was to go to trial, consumer laws in your state are likely to be the ones enforced, NOT the (draconian) Swedish laws, and there is almost no chance at all, a debt collection agency, owning a foreign consumer debt would prevail, and in the end, they would be responsible for all court costs when they loose (this is also significantly more expensive than it would ever be in any European country), in short, they are not going to bother doing this... 8) of course, if you husband moves back to Sweden, Swedish laws would prevail, and his credit rating would be in the dumps, very little chance of getting a loan etc., however, it sounds like this may already have happened, so your husband, if he ever plans on living in Sweden again, needs to wait until the statue of limitation runs out, which, when it comes to Sweden is not straight forward, but again, your husband has already created this mess (in Sweden), and you're here now, so, from a financial standpoint, I would leave Sweden as a place you visit in the summer and on holidays... and AGAIN, YOU PERSONALLY, need to stay away from your husband's debts, if there was to be a divorce and you want to move back to Sweden, you should not need to be saddled with your husband's financial mess... also, make sure your husband behaves himself in the United States, he has a second chance, and it would be advisable he pays his bills going forward... [/QUOTE]
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