HOW DO I STOP A LAWSUIT OR DISCHARGE A JUDGMENT?
A Chapter 7 stops or “stays” all current state lawsuits for money.
For example: you are being sued by Capital One Bank for $3,000 on a credit card account, and the case is set to be heard in 5 weeks in the General District Court of your county. You contact a bankruptcy attorney, such as our firm. If your bankruptcy petition can be filed before the case comes to court, we send your bankruptcy information and case number to the attorney suing you and that attorney is obligated to have the case dismissed.
What if they already have a judgment against me but have not started collecting yet?
You still have time. It is often several months before they start to try to garnish your wages, for they have to file a separate collection case and also know about your bank account information and employment information before they collect. We file your petition, inform them and the court of your bankruptcy, and the judgment is forever voided and cannot be collected on at any time.
What if they try to attach a lien to my real estate?
Liens can be stripped generally if there is little equity in the property.
Do I have to appear in court for the lawsuit?
Generally the answer is no. This is because most civil cases are for money and if you do not appear but were properly served, they get a default judgment. Your bankruptcy attorney will later let them know you filed and they will have the judgment voided and make a note not to proceed further with a collection case.
Can I fight the lawsuit for money?
Of course you can, but if it is for a credit card debt the defenses are usually limited and you are not likely to win unless there is a statute of limitations problem. You can always go to Court the first time and request a trial date to give yourself more time.
We hope this info helps. Call the Law Offices of Christopher James if you need more detailed information.