Posted by
fidoman
16 yrs ago
I have a friend that owes debts to a few banks in Hong Kong and he is unable to pay it due to his loss of job. Now, collection agencies (a few) has been pestering him by calling him everyday and he can only pay a small amount every month and now he has been ignoring them. He wants to know as his new job (which starts next week), will require him to travel (in and out of HK), can the immigration department stop him at the airport for the debt?
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Fidoman
Yes he can be stopped from leaving HK, all is takes is for one of the banks to intruct a lawyer to put a stop order out on him.
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Yes he can be stopped and a court will place such an order in a civil case. It will also affect his application for Visa or Permanent Residencyl. His best bet is to speak to his creditors and arrange a mutally agreeable pay back.
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My friend is a permanenet resident in HK, born and raised in HK. Can anyone confirm that a "Stop orer" will not be issued in these kinds of cases? What happens if he is stopped at immigration while returning or exiting HK using his HKID card? Or will he not be stopped period as this is a civil issue?
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Hi, my helper is potentially going to be taken to the small claims court by an frankly unscrupulous money lender, though we have tried to broker a sensible payment schedule on her behalf time and time again (very odd money lenders, they won't take our money!). I was told that it would be a civil case and would not effect her immigration status - Sarahjames, that sounds different to what you are saying above?
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My friend owes a few banks, in the amounts between $ 20,000 - $ 70,000 HKD from each bank. Will the bank really fight this in court and have a stop order placed on him to avoid him to leave or enter HK? I have heard from other people that they usually just keep trying to find collection agencies to chase the debt as the amount is small
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If your friend legally owes this money, it is possible for a stop order to be put out on him. I am not sure how it works but I was talking to a lawyer friend of mine about another friend who was having trouble getting money from someone and had been awarded payment at the small claims court. The lawyer told me if he wants to make her life difficult for about $5,000 he can prevent her from leaving HK, it does not matter what her status is here, permanent resident or not.
She may show up at the airport to head to a very important overseas meeting and find she can't leave until she settles the debt. Probably a good way to get someone to pay up fast, especially if you know they need to travel regularly.
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If the money is owed to banks, they can stop you. Don't forget that in HK if you dont pay your taxes they can stop you from leaving HK, it happened to a friend of mine and he had no choice but to borrow money from another friend to pay so he could leave. I think it is the same if and when the banks start to sue you.
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No it is not the same. Tax is owed to the government and unless they believe you are leaving and not coming back then they will stop you leaving. However many people are still working on business trips right until their last day and many have left HK without paying taxes. Owing money to Banks is a civil case and as pointed out above a stop order can only be ordered by the court. A few hundred expats leave every year without paying loans / credit cards.
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If I were your friend, I would start paying back (in small amounts) as long as he shows that you he is complying. It'll cost the company (banks) more money to put a stop-order on your friend than paying the debt collector. The collector only gets paid commision after the money is returned. My friend owed $57 HK dollars to a phone company before, the case was given to a debt company. He'd got hassled for a month, then the company gave up. I presumed your friend will be hasseled for a few years unless he changes his number and address and get the hell out of dodge.
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You can call IBC Soluitions Ltd. Very good, professional and understanding. You can ask for Ms So or Ms Yip and say Ms Tong introduce you. Its called IVA.
Good Luck....
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