Bankruptcy: I Just Got a Lawsuit

Woman with laptop

Question: I just had some process server come to my house and give me court papers. I'm being sued by a debt collector because I didn't pay a credit card bill. The bill is from several years ago when I was unemployed and I used my credit cards to live on. I bought food, gas and paid my rent with the credit cards.

Now I have to go to court in Fulton County. They want over $10,000. But I don't have that kind of money. I don't want a wage garnishment because I know they can take a lot of money from my paycheck. I'm worried that if my pays gets garnished then I won't be able to pay my mortgage or car loan.

I know I need to file bankruptcy now. I've put it off for too long and now I'm being sued.

My question is do I need to go to court for the lawsuit even if I'm going to file bankruptcy. If I file bankruptcy before my court date, do I still have to go to court in Fulton County?

C.R. in Roswell, GA

Answer: Like many bankruptcy questions, the best answer is that it depends.

If the bankruptcy, either a chapter 7 or a chapter 13, is filed before you go to court, then you do not necessarily have to go to the court date for the credit card lawsuit. That is because when the bankruptcy is filed a "stay" goes into place. The stay, at least temporarily, prevents any actions from creditors regarding your debts.

About Us

When financial problems have you worried, you need to speak with a bankruptcy lawyer. When you need advice from a Roswell bankruptcy lawyer, call us at (678) 712-8561.

As Roswell bankruptcy attorneys, we're here to help you get a fresh financial start. The Sherman Law Group will help you navigate the entire system.

We proudly serve the entire Atlanta metro area and North Georgia.

Related Posts
  • Georgia Bankruptcy: Potential Problems in a Hot Housing Market for Chapter 7 Filers Read More
  • Georgia Bankruptcy: FAQ's about the Coronavirus (COVID-19) Read More
  • Atlanta Bankruptcy: What Can Filing Bankruptcy Do to Help Me? Read More

Contact Our Offices

Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at (678) 712-8561.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.