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Question:
FEB 27, 2012

Canada Credit Report

I have $20,000 in US credit card debt. Will it follow me to Canada? What affect will US debt have on a Canadian credit report?

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Bill's Answer: Bills.com Resident Expert

Your question raises two issues: Canada credit report and its relationship to your US credit report, and a US creditor collecting a debt from a Canadian resident. This answer does not explore the unspoken issue regarding the legality of your residing in Canada.

Will a US credit history follow a consumer into Canada?

The main credit reporting agencies in Canada are Equifax Canada and TransUnion Canada. These are the Canadian equivalents and subsidiaries or sister companies to the US companies. The Canadian credit score and history is based on Canadian financial records. The Canadian reporting agencies will accept information from foreign agencies when asked for and provided by the individual. There is no indication the two Canadian credit reporting agencies confer with each other. (See the Financial Consumer Agency of Canada FAQ Can my credit history from another country be recognized in Canada? for more information.)

It is unclear if the credit reporting agencies share information across the US-Canada border routinely. As mentioned, your US credit history will not follow you unless you cite your US credit cards. If you do not, then your Canadian credit score starts at zero. You will need to provide the Canadian credit card company your address and former addresses when applying for a new credit card.

It is theoretically possible for a US credit reporting agency operating in Canada to correlate these two addresses. It is also possible for a creditor to correlate your US and Canadian identity if you apply for credit card with a bank that does business in the US. In Canada, you must provide a Social Insurance Number (SIN), which is functionally similar to a US Social Security Number (SSN) when opening a bank or credit account, but the numbers are unrelated and there is no known database that correlates the identities of people in both databases.

Because the SIN and SSN are unique to you, and both are used in credit score reporting, it is theoretically possible for a US credit reporting agency to determine your address in Canada. However, as I mentioned, there is no known database or mechanism in place today to allow this functionality on a wide scale.

Will a US credit report affect a Canada credit report?

For the reasons mentioned above, it is unlikely a person with a US credit history who relocates in Canada will have their credit history appear on their Canada credit report. The opposite is also true. Canada credit reports are similar to their US counterparts in the information contained. See the Canada’s Office of Consumer Affairs document Credit report, credit score and credit rating and Financial Consumer Agency of Canada's document Understanding Your Credit Report and Credit Score.

 

Domesticating a US judgment in Canada

In the US, the judgments in one US state receive the full faith and credit of sister states. Before a judgment is enforced in a sister state, the judgment must be domesticated. This process is fairly automatic, though comes at a cost to the judgment-creditor.

There is no law that requires a Canadian court to enforce a United States civil judgment automatically. However, the US and Canada are long-time trading partners with treaties that create close economic ties between the countries. The debtor may attempt to domesticate a judgment in a provincial court.

 As a practical matter, if a US resident enters into a credit card contract with a US bank, incurs (for the sake of argument) $1 million in debt, and then changes residences to Canada without repaying the debt, that creditor has the legal means to domesticate a US judgment in Canada. On the other hand, if a US resident incurs $100 in credit card debt and flees to Canada, it is unlikely that the US bank would go to the time and expense of finding the deadbeat and domesticating a judgment in a Canadian court.

The US credit score would be affected in either hypothetical situation. If the deadbeat returns to the US, he or she will face a grim credit score. Plus, the creditors will to locate the current address of the deadbeat because of the SSN. See the Financial Consumer Agency of Canada's document Tips for Dealing with a Debt Collector.

 Recommendation

There is a slight risk to your Canadian credit report if you leave your US credit report in shambles. You do not indicate if the debt is with many creditors or a few. If the debt is sufficiently large with one creditor, a financially motivated US creditor has the option to domesticate a judgment it obtains in the US in Canada. Therefore, it would be best if you could negotiate a reduction in the debt and pay what you can before changing your residence. See What are my debt resolution options? to see the pros and cons of the plans available.

You are responsible for the debt in the US regardless of where you live, so it is best to resolve these debts, even if you pay the debt while residing in Canada. If you move to Canada, develop a plan to resolve your US debt.

Your question does not involve bankruptcy, but for the benefit of other readers, see the Bills.com resource Canada Bankruptcy to learn more about the requirements for filing bankruptcy in Canada. I hope this information helps you Find. Learn & Save.

Best,

Bill

bills.com

Comments (19)


Emma C.
Pearland, TX  |  February 23, 2012
My fiance is an American citizen who was attending college in Canada. The GI Bill agreed to pay the full international tuition amount, but we received and email today (almost 6 months after the one year course has been completed) that we owe the college almost $10,000 in arears. If we do not pay we will be taken to collections. We now reside in the USA and the college has little or no contact information for my fiance other than his email and old address. If they take us to collections, will they be able to A)find hi in the states B) come after us for a debt owed to a college in Canada and C) will his US credit be affected? Thanks!
Bills.com
February 27, 2012
Contact the GI Bill people at the VA to learn why the tuition was not paid. If your spouse resolves this problem, you will not need to worry about any possible impact on his credit score, or legal actions the school may take to domesticate the debt in the US.
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Emma C.
Pearland, TX  |  February 27, 2012
He did call. His course one was full year of classes with no summer break. The VA told him that they only pay for so many credit hours PER SEMESTER, and because there was no break they considered it all one big semester. This clearly meant there were more credit hours in this "giant semester" than what they are willing to pay for. So at this point, we are stuck owing this money because the course was not broken into two separate semesters by the college. Help!
Bills.com
February 28, 2012
Aside from trying to work with the VA system and appeal the original ruling, I don't know what you can do. I agree with you that one full year of schooling should not be viewed as equivalent to a semester. The only other option I can think of is to work to negotiate a settlement with the school.
Jacqueline B.
Clements, CA  |  October 29, 2011
I am a Canadian citizen, currently residing in California. Have Permanent residency. I am unable to continue to make payments on my Canadian credit cards. My American credit is impeccable. Although, MBNA Canada has hired an attorney in CA, who has placed this negative account onto my American credit. Is this possible? Can I fight this? I have never given my SSN to the attorney, nor the bank themselves. Look forward to your response, have not been able to find anyone to answer these questions. Thanking you in advance
Bills.com
November 01, 2011
First of all, it is legally possible for a Canadian judgment-creditor to domesticate a Canadian judgment in a US court. You should contact a lawyer to help you determine whether MBNA has acted in a legal manner and what alternatives you have to dispute this credit entry.
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Mike S.
Coto De Caza, CA  |  February 06, 2012
Hello Jacqueline B. I am in the same position as you with MBNA/Canada and are wondering if you have any advice regarding this matter! What was the outcome in the end? Thanks, Mike
Heather M.
August 01, 2011
I have a US retail credit card. I just received a phone call saying that I still owe over $200 for this card in late charges. I haven't heard anything from them since Nov 2010 as I sent a letter and a money order clearing up my balance. Apparently, there are still late fees due to the postal service. They received my money order; but, because it arrived late, I am subject to late fees(this company does not take a major credit card over the phone). They have claimed to report me to credit agencies and therefore ruining my good credit rating. Can this affect my Canadian credit rating? I am now being asked to pay double what I owed on my credit card in late charges. Any advice would be greatly appreciated.
Bills.com
August 02, 2011
From what I know, it is possible but unlikely that this issue will affect your Canadian credit, although I can't give you any assurances.

Most retail cards are backed by some bank. If yours is, here are a few ways you can raise a complaint.
  1. As of July 21, 2011, a new agency, the Consumer Financial Protection Bureau (CFPB) takes consumers' complaints about credit cards online. CFPB forwards complaints to the credit card company, and keeps consumers updated about the status of the complaint.
  2. .You can call CFPB to make a complaint at 1-855-411-CFPB (2372).
  3. You can try 'going up the food chain,' speaking with a supervisor at your card issuer, trying to come to some mutual understanding.
Daniel H.
Bermuda Dunes, CA  |  June 08, 2011
I am an Asian citizen and I used to have a permanent resident status in Canada. I have credit card bills. Due to lack of employment in Canada, I moved to the US and got a US permanent resident status. I lost my Canadian status due to overstaying and was barred from entering Canada as a resident. I planned to go back to Canada to continue paying my debts but I was not allowed by the Canadian government. Now my Canadian creditors are trying to collect my debts thru a collection agency. Can they sue me here in the U.S. for my Canadian debt? I was negotiating with them so I can pay what I can afford at this time but they are not giving me any option but to pay. I plan to send the collectors company a regular payment check but not according to the amount they want me to give. In this case I can show to them that I am not running away from my obligation even though I no longer have a legal status in Canada. In the first place, it is the Canadian government who did not allow me to return to Canada and I told the bank about it. I requested that they stop the interest in my credit card so I can start paying whatever principal amount I owe them. But they wont close the card and they are putting very hight interest everymonth. It is almost $30,000.00 canadian dollars now. The original amount was just $12.000.00. I will appreciate your input. Thank you so much and you are helping people a lot with this website.
Bills.com
June 08, 2011
It is possible legally for a Canadian judgment-creditor to domesticate a Canadian judgment in a US court. However, the question becomes, "Does it make sense financially for a Canadian judgment-creditor to pursue a US resident for a debt that was originally $12,000 Canadian?" That only the creditor can answer. The Canadian creditor would need to hire a lawyer to file the case in Canada, receive the judgment, and then hire a US lawyer to domesticate the judgment in your state of residence. All of this is expensive, and may be for naught if you have low earnings or no assets. If the creditor believes you are ripe for collections, there is a higher chance of domestication.
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Daniel H.
Bermuda Dunes, CA  |  June 09, 2011
I am not yet a U.S. citizen. I am still a citizen of an Asian country but I am a green card holder here in the U.S. Will they pursue the case in my country of citizenship? My income is very low and I don't have any properties here in the U.S. nor in my country of citizenship. I am however employed here in the U.S. Will they contact my employer to garnish my meager salary?
Bills.com
June 09, 2011
Regarding the context of your question, the debtor's country of citizenship is irrelevant. A key test of a court's jurisdiction is, "Does this court have personal jurisdiction over the parties?" One way of answering that question is by asking the question, "Are the parties present in the forum state?" If they are, then the court has personal jurisdiction. If they are not, then the analysis becomes about a half a semester in a law school Civil Procedure class (I am not kidding).

An example: Let us say a debtor is a citizen of Japan and resides in California. It does not matter if the person is in the US under a H1B, green card, or is an undocumented worker. A creditor can file a lawsuit against the debtor in a California court because the debtor is a California resident.

You asked if a creditor can file a lawsuit against a debtor in the debtor's country of citizenship. I cannot answer that question. That is a question to ask a lawyer in the debtor's country of citizenship.
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Daniel H.
Bermuda Dunes, CA  |  June 10, 2011
Thanks for your very enlightening answers. I have one more question: Will my debt in Canada be written off if I declare bankruptcy here in the U.S.?
Bills.com
June 12, 2011
If you are asking, "Are Canadian creditors subject to US bankruptcy laws and courts?" the answer is no. If you are asking, "If my Canadian creditors receive notice that I declared bankruptcy in the US, will they give up on trying to collect a debt from me?" the answer is maybe. However, they are not required to.
Kole W.
Adelanto, CA  |  February 13, 2011
i was wondering what happens should i file for a bankruptcy here in the states and then move to Canada. would it be as difficult to attain credit, like here in the states, or even purchase a home there because of my bankruptcy here?
Bills.com
February 14, 2011
I can't give you an authoritative answer to your question, but will share with you what I found out with some quick research. It appears to me that the history of your bankruptcy could be an issue after you move to relocate. Some lenders may want to see your US credit history. Here is a link to a good article about establishing credit in Canada.
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Zia H.
December 27, 2011
Hello, I am canadian Citizen living in US and returning to Canada soon. I leaving my employement in US where they have paide $13000 in relocation costs for which I have signed to be responsible should I quit my job. My question is, would that be a risk that my employer will put a lien on my property in Canada for that relocation cost? Thanks
Bills.com
December 28, 2011
If you are in breach of a contractual agreement with your employer, then it seems likely that you will be sued. Read the details of your contract. It is possible that the employer will be able to withhold payments to you. If this is not enough then the employer could seek a court judgment against you. Given the sum of money it seems logical that the employer will try to domesticate the law suit in a Canadian court and attempt to collect through wage garnishments, bank levies, and liens on your personal property. I recommend that you speak with a lawyer regarding your obligations, rights and the best methods to protect yourself. Another option is to be forthright with your employer and try to work out a payment plan to pay them back.
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