Credit Card Debt- Am I Immune to persecution?

Question

I was having a chat with a creditor collector the other day who was trying to get my American Express Debt (around $6000) put on another one of my cards. I have not paid that debt in almost a year now so most of it is fees and such, and I live in Florida. I'm aware that for open contracts - such as credit cards - the statute of limitations in Florida is for 4 years. They can't sue me for the the debt if I wait out around 3 years. Not likely, but it could be used as a bartering tool considering that I have been living overseas for the last 2.5 years - and they know it.

The thing is, I don't own ANYTHING AT ALL, and I don't plan on owning anything for some time - I just don't like to tie down stakes if you know what I mean. The only person who owns anything is my wife, and she isn't a U.S citizen. All of her property is overseas. I'll also be considered Head of House hold in about 2 months - so in Florida I'll be exempt from having my wages/bank account garnished/leveyed - NOT THAT I HAVE ANY MONEY IN THEM RIGHT NOW ANYWAY, LOL. I'm living on Federal Aid and Benefits from serving in the military right now while I do look for a job.

I'm not trying to shrug off responsibility, but I've noticed that I appear to have the upperhand as it were right now. Has anyone else been in a similar situation and used it as a bargaining chip with credit card companies to get their debt reduced?

What should I do?

Answer 1

I found a huge online list of Florida credit card resources. http://www.howtofindcreditcard.com/Flori... Try calling a local service and they can answer your questions.

Answer 2

I am not familiar with Florida laws specifically, but sometimes when you leave the state the SOL is put on hold and resumes if you return.  So if you return to Florida, you may have a surprise waiting for you.

Answer 3

AMEX has rehab programs that will allow you to payoff the debt.  Remember you don't have to be in the country for them to sue you and obtain a judgement against you.  Also, in this day and age of world wide banks they can still garnish your wages and accounts.  Florida law only covers you if you live in Florida - many states allow garnishment regardless of the head of household status.

You say you are not trying to shrug off responsibility but you seem to be doing just that.  You haven't made a payment in a year - and are looking for ways to get out of paying your debt??

Answer 4

Contact the credit card company and make an offer.  They may accept.  They would rather get something than to get nothing.

They could get a judgment against you, but there isn't much they can do to collect it.  

However, if your offer is too low, they might prefer to get the judgment and hope for the best.