• Will credit debt in USA have effect on my background check for job

Dear Sir/Madam

I worked in usa for 6 years and i lost my job later i moved to india in 2009, but i have credit debts and a auto loan, as i lost my job and visa expired i moved to india with out paying the debts and currently i got governent job. problem is in the process of background check i have got a letter that there is nothing adverse in india except we need to verify the background in the usa. now my question is will the credit debts will become any problem for my job in india. how will they perform background check in usa and my concern is credit debts will be serious issue. now i am planning to clear those debts and those debts are moved to colllection agents. will this be problem to my job please respond
Asked 1 year ago in Civil Law from Hyderabad, Telangana
Dear Querist
Its depend on the Govt. Department.

In which department you are searching job or get any appointment, check their policy regarding the verification.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
1) you have not mentioned whether any recovery proceedings have been taken for recovery of dues 

2) if no case filed claim would be barred by limitation 


3) if any non bailable warrants are issued by court for non appearance in court creditors may seek to enforce these warrants to force you to appear in court 

4)you can write to banks and offer to pay  credit cards dues in instalments 

Ajay Sethi
Advocate, Mumbai
23120 Answers
1214 Consultations
5.0 on 5.0
If the debts collections have been moved to the collection agents, it is advisable to first check whether any proceedings for recovery has been filed against you or those debts have been mentioned as bad debts in the bank retunrs etc. if the debts has been pending for this long, the interest along with the principal amount would have become huge by now. Therefore if the loan granting companies/bank have not filed any cases against you till date, then your best defence would be the plea of limitation. However if you are ready to clear the dues, then make a representation in a form of letter and speak with them giving reasonable reasons for non clearance etc. and try to settle the claims.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1) ultimately collection agents will trace you 

2) your profile may be on Facebook or linked in or other social networking sites 

3) if you don't want damoscles sword hanging over your head settle with your creditors 

Ajay Sethi
Advocate, Mumbai
23120 Answers
1214 Consultations
5.0 on 5.0
then no need to worry, do your job.

there is only the civil liability upon you & not criminal hence there is no point which may adverse against you.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
An unpaid credit card debt is not a criminal activity, it is managed by civil law and unpaid debt is a civil wrong. For a civil wrong no one will be arrested.Warrants for arrest are issued for failing to appear for criminal matters, when personally summoned by the court, summoned as a witness or participant in a civil matter -- none of which apply to a civil suit for debt. So I would not be concerned about the possibility of having any kind of warrant or criminal cloud hanging over your head. Failing to pay a debt is not criminal in the U.S.

It's not a criminal offense to be in debt and to have collections against you. You can revisit the U.S. and nobody will be waiting at the airport to arrest you. 

Do your job properly. Normally the credit Collecting agents of the credit card  company may approaches you;and threatens you.If they have a valid order from Indian court against you then pay the debt.If other wise leave the matter. If you don't pay your credit card debt and a lawsuit is served and filed before you move overseas, it would move forward in your absence. However, that court would likely not be able to force you to pay the debt once you've relocated to another country, though creditors might be able to go after any loose ends you've left in the United States.

Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
1. When you have decided to clear the debts then why are you worried. As long as you have not violated any of the US laws there is nothing adverse which will reflect in the US background report. 

2. The debts can be recovered from you in entirety under the US law if you do not clear them.
Ashish Davessar
Advocate, Jaipur
18058 Answers
445 Consultations
5.0 on 5.0
1. Your employer will write to the Indian Consulate for your back ground check at USA,

2. If the concerned Bank or the credit collection agent lodges a complaint against you before the Indian Consulate, then your name will be recorded therein as defaulter,

3. In such case your employer may come to know about your adverse record in connection with non payment of Bank dues.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. As informed in my earlier post, your present employer may write to indian consulate to conduct your back ground check at USA,

2. Your present employer may not check the same also,

3. It will be risky for you to attempt to reapay your debts at USA in instalments since in that case your whereabouts will be known to them and they can start legal proceeding against you and your employer, at that time, may start conducting back ground check at USA which will go against you,

4. I suggest that, if you want to repay the said loan at USA, send the entire loan amount with due interest in one go so that if any back ground check is made after your repaying the loan, you will come clean.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Civil Lawyers

T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23120 Answers
1214 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18058 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
427 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0