Home > West's Encyclopedia of American Law > Absconding Debtor

One who absconds from creditors to avoid payment of debts. A debtor who has intentionally concealed himself or herself from creditors, or withdrawn from the reach of their suits, with intent to frustrate their just demands. Such act was formerly an act of bankruptcy.

A person who moves out of the state may be an absconding debtor if it is that person's intention to avoid paying money that he or she owes.

It is difficult or impossible for a creditor to serve an absconding debtor with a summons in order to start a lawsuit and collect his or her money. Where a court is convinced that a debtor has absconded, it may permit the creditor to begin the lawsuit in some way other than PERSONAL SERVICE of a summons.

For example, a franchisee bought a doughnut franchise and opened up a small shop. He also bought a house for his family. Unfortunately, the...