Question: I'm writing because I'm being sued in Forsyth County State Court. It's for an old debt from a credit card that I had in college, a Visa credit card. I mostly forgot about it for years. I knew I had it and that I owed the credit card company money but I thought they wrote it off. But with all the late fees, interest and attorney's fees they tacked on, the debt has ballooned. It's now something like five times the original debt.
Like a lot of other college students I lived on my credit cards. I bought clothes, books and food on the card. I even bought beer with it. I paid a car loan and my rent on the card for about six months. I used transfer checks.
My roommate had the same problem and I don't know how he got out of debt, but he played on the football team and I think the athletic department took care of it.
I can't pay it all back because now I'm married with a kid and work has been slow. I work in Cumming. I need to know my options and if bankruptcy will help me. I can't have a garnishment because my employer might fire me and I know Georgia is right to work state.
What should I do? I don't want to go to court and I am very nervous. I have never gone bankrupt.
L.R. in Forsyth County
Answer: People file bankruptcy to eliminate debt. Many people file after being served with a lawsuit. If you file bankruptcy, then the lawsuit is eliminated, it goes away. We file bankruptcy daily for people who have been sued and for people who are facing the prospect of a garnishment. Either a chapter 7 or a chapter 13 can help.
We understand that a lawsuit can be a difficult thing to face. It is scary getting sued and it is psychologically painful.
It is very common for a creditor to request attorney's fees and the amount they ask for in the lawsuit is often far greater than the amount that was originally owed. The creditor tacks on all sorts of late fees and additional interest. A lawsuit often leads to a judgment. And a judgment leads to a wage garnishment. It is always better to address a lawsuit as soon as possible. Do not wait!
As Cumming bankruptcy attorneys, we're here to help you get out of debt.
Attorneys Bill Sherman and Valerie Sherman and the team at the Sherman Law Group will help you navigate the entire bankruptcy system. We proudly serve the entire Atlanta metro area and North Georgia.