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David76
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4 Posts

Posted - 07 June 2019 :  01:37:32  Show Profile  Reply with Quote
Hi there, im wondering if anyone can offer some assistance. I owe backdated child support in North Carolina. When i returned to Scotland i had not job and no where to live. Its taken a while for me to get back on my feet. I now owe a considerable amount, 2 years worth. i know child maintenance debt in scotland is written off but where do i stand with north Carolina. Any advice will be greatly appreciated. Thanks

TDA (Debt Adviser)
Trust Deed Expert



12957 Posts

Posted - 07 June 2019 :  09:17:52  Show Profile  Reply with Quote
Welcome to the forum David76.

This is probably a question that you'd need to take specialist legal advice upon for a definitive answer.

My guess would be that going bankrupt in Scotland would probably mean that the debt could not be enforced against you in Scotland.

This would not necessarily mean that the debt could not be enforced against you in all other countries (for example if you returned to North Carolina).

Just to reconfirm, this is not advice upon which you can rely.

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David76
New Member

4 Posts

Posted - 07 June 2019 :  16:56:17  Show Profile  Reply with Quote
Hi thanks for your response. Could you point me in the right direction of who would be able to provide this specialised legal advice. Thanks
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TDA (Debt Adviser)
Trust Deed Expert



12957 Posts

Posted - 07 June 2019 :  17:20:41  Show Profile  Reply with Quote
Hi David76.

Do you anticipate that you'll move away from Scotland again in the future?


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David76
New Member

4 Posts

Posted - 07 June 2019 :  17:22:10  Show Profile  Reply with Quote
No, i will not be moving again.
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TDA (Debt Adviser)
Trust Deed Expert



12957 Posts

Posted - 10 June 2019 :  09:28:21  Show Profile  Reply with Quote
Some solicitors specialise in insolvency law. You'll find them in the major cities in Scotland.

You might want to do a Google search for solicitors with this specialism where you live.

It might be worth waiting to see whether Kevin or David have any thoughts to offer you though.

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David Tannock
Trust Deed Expert



2154 Posts

Posted - 11 June 2019 :  09:41:58  Show Profile  Reply with Quote
Hi David76,

Iím unfortunately not able to give you an answer to this query and would suggest taking legal advice from a solicitor who specialises in insolvency law. You will find a good solicitor in Glasgow or Edinburgh for this.

Are you being pursed for the backdated child support at the moment?

Also is this the only debt that you have or do you have other debts?

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David76
New Member

4 Posts

Posted - 11 June 2019 :  17:32:44  Show Profile  Reply with Quote
Thanks for your response. Yeah this is my only debt. I will contact a specialist solicitor. Thank you
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TDA (Debt Adviser)
Trust Deed Expert



12957 Posts

Posted - 12 June 2019 :  13:43:16  Show Profile  Reply with Quote
Hi David76.

I hope that you get an answer that is helpful and reassuring.

Would you mind letting us know what you learn from the solicitor please?

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Kevin Mapstone
Trust Deed Expert



3736 Posts

Posted - 12 June 2019 :  14:26:07  Show Profile  Reply with Quote
As I understand it, the debt would be unenforceable in Scotland if it was from prior to the date of bankruptcy. However, should you move back to NC again then there is every chance that you could be chased for payment.

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