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Expert: - 11/6/2008


Question
I purchased a timeshare last year in the US. Due to unforeseen circumstances I have left the US (I am not American) and am now without a job. After asking my parents to pay for the timeshare we had all decided that we cannot afford it anymore. Is it possible for me to file for bankruptcy even though I do not reside in the US anymore? (My visa has already expired) Is it possible for me to be sued even abroad? I do not even have the title which has been promised to me long ago but still has not received it. I do not have any property or any possibility to gain income at the moment due to a disability. What is the best thing for me to do?

Answer
Breva:

Sorry to hear about your situation.  Technically, yes the company that sold the timeshare could hire an attorney in your country to sue you.  Some debt collection law firms in the U.S. claim to have  affiliations with other firms outside the U.S.  

I have never encountered this situation before.  However, in reality, I seriously doubt they would sue you.  As such, I do not think you should consider bankruptcy.  Wait and see if you hear anything from an entity representing the timeshare company and take it from there.  Until then, don't worry or let this bother you.

Hope this answers your question.  If you have any follow up questions or require anything else further do not hesitate to ask.

Jason Shear, Esq.
NY Consumer Attorney at Law
(716) 566-8988  

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Jason Shear, Esq.

Expertise

I can answer questions for residents of New York and New Jersey regarding creditor harassment claims under the Fair Debt Collection Practices Act (FDCPA); credit reporting errors under the Fair Credit Reporting Act (FCRA); debt collection defense/credit card defense; student loan law; and consumer class actions. I can also answer questions relating to consumer debt defense/collection agency defense, specifically pertaining to consumers being sued or harassed by collection agencies or NY collection attorneys. If you live in New York and have been contacted or sued by firms such as: Mel Harris & Associates, Forster & Garbus, Rubin & Rothman, Choi Law Office, Lacy Katzen, Malen & Associates, Solomon & Solomon, Daniels & Norelli, Cohen & Slamowitz, Pressler & Pressler or others; give us a call at (716) 831-1111.

Experience

I have obtained settlements for consumers in NY and NJ under the FDCPA and FCRA. I have successfully defended consumers who were sued by collection agencies/debt purchasers in the New York State courts. Visit our website at: www.brentandshear.com

Organizations
National Association of Consumer Advocates (NACA) Brent & Shear, P.C. Consumer Attorneys 3957 Main Street, Second Floor Buffalo, New York 14226 (716) 831-1111

Education/Credentials
BA/BS, Accounting & Political Science, Hunter College. Juris Doctor, Univ. at Buffalo Law School. LLM (Criminal Law), University at Buffalo.

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