Being served with a lawsuit can be stressful and confusing if you aren’t well-informed on the options available to you under the law. We are here to clear up the confusion and guide you through every step of the process.
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It is important to understand that under Georgia state law, you have up to 30 days from the day you receive the collection lawsuit to submit a written response to the court. It is important that you act quickly because this is a limited window of time.
If you fail to submit a written response within 30 days the court can enter a default judgment against you. Once creditors get this default judgment they are legally able to garnish your wages and/or bank account, take your assets and put a property lien in place.
Do you have questions?
It is important that if you have been served with a lawsuit that you meet with a bankruptcy attorney as soon possible, even before you send a written notice to the courts.
There are cases where it may be best to file a response and deal with the matter through the court system. In the event that you are not able to pay the debt, it is helpful for you to be aware of all of your bankruptcy options prior to making any final decisions.
In the bankruptcy timeline, as soon as your bankruptcy claim is filed with the court, an order is entered that stops all collections practices. This means there will be no more calls, bills or lawsuits filed. All of this is eliminated through the bankruptcy process.
Even if you did not respond to your lawsuit immediately and default judgment has been filed against you, we can still help. Filing for bankruptcy can void the default judgment filed. It will also eliminate your underlying debt.
If you find yourself in this situation, contact Clark & Washington today for a free bankruptcy consultation.
Forty-seven. That is the record for collection calls.
We had one client tell us she received on average forty-seven collection calls per day. When you fall behind on your bills, the first negative consequence is usually the collection calls that begin early in the morning and continue well into the evening. The constant onslaught of phone calls is not simply annoying but erodes your dignity. You do have options and you can retake control of your life. One of the benefits of filing for bankruptcy is that the collection calls will stop.
The federal Fair Debt Collection Practices Act (FDCPA) passed in 1977 makes certain collection practices illegal. The act outlines how debt collector may conduct business with the person filing for bankruptcy.
Immediately upon filing for bankruptcy the bankruptcy court will issue an order that requires all of your creditors to stop whatever it is they are doing to try and collect money from you. This means no telephone calls, no collection letters, no lawsuits, no garnishments, no foreclosures, no nothing. Period. All collection efforts by your creditors must stop.
What if they don’t stop? The bankruptcy court can sanction them and award you damages. One of the most powerful tools associated with bankruptcy is the ability to stop your creditors in their tracks. If you are being harassed by creditors night and day I can make them stop. Filing for bankruptcy will give you the breathing room you need to be able to take a step back, regroup, and move forward free from debt. Filing for bankruptcy will allow you to retake control of your financial life and get the fresh start you are seeking.
Clark & Washington offer a free bankruptcy consultation where we can discuss your specific situation, prepare a plan to help you get out of debt, and get you on your way to a fresh start.
We’re always here when you need us—day or night.
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