bankruptcy attorney’s guide to overcome a debt lawsuit in arizona
Though it may not feel like it, the calls and letters from your creditors will come to an end. But when they do, it won’t be the relief that you were hoping to get. Instead, you’ll be looking at a whole new problem: A debt lawsuit. Your creditors can take action against you, and the more you owe, the more likely that is to happen.
Instead of hiding out and hoping the problem will go away (it won’t), you’ll need to take action, including calling a Gilbert bankruptcy attorney to learn about your options. Here’s what you can expect from the debt lawsuit process, as well as some steps you can take along the way:
Summons & Complaint
Lawsuits begin with you being served a summons and complaint. The summons is a document that outlines administrative aspects of the lawsuit, such as the court date, where the case will be heard, and what you need to do next. The summons will include a deadline for your response. If you do not respond to the lawsuit by that time, your creditor can win a default judgement against you. You’ll need to talk with an attorney as soon as possible to figure out your next moves. You will be working against the clock.
The complaint accompanies the summons, and it outlines the case against you. It includes the argument that your creditor is making for the action being taken against you. This is valuable information for your attorney, who will advise you on your legal options. A Gilbert bankruptcy attorney is likely to be able to help you, but this information will help the bankruptcy attorney know if you need to seek another specialist for another strategy.
Answer the Lawsuit with lawyer assistance
In many cases, the summons and complaint will arrive with a form that you can use to file your answer. However, in most cases, it is better to answer the lawsuit with the assistance of an attorney. Your attorney can advise you of your legal rights and responsibilities and how to proceed to protect your interests.
If you file for bankruptcy, your bankruptcy attorney can file an answer indicating that you have done so. Then the debt will be considered as part of the overall bankruptcy filing. In most cases, the debt will then be discharged. If it is not, it will likely be rolled into a repayment plan. In either scenario, the lawsuit should be put to an end. Just talk to your Gilbert bankruptcy attorney about the specifics.
Potential Consequences of ignoring a legal summon
If you do nothing when you receive the summons and complaint, your lender can move forward against you. If your creditor gets a judgement against you, that could mean that your wages are garnished, your bank account is seized, or your other assets are seized, such as investment accounts, your house, or your car.
You can put a stop to wage garnishment even after it has begun if you file for bankruptcy. You won’t be able to do anything about bank accounts or other assets that have already been seized. Those cannot be returned to you by filing for bankruptcy later. The best thing to do is to take action as quickly as possible after you receive notice of the lawsuit against you – even before then if you know that such action might be coming.
Bankruptcy protection can help you get the debt relief you need while also shielding you from some of the potential legal ramifications should your creditors choose to take action. If you are struggling with debt, consider talking to a bankruptcy attorney before things reach this point.
The sooner you can get bankruptcy protection, the sooner you can be done with the harassing phone calls and letters, the financial stress, and the constant struggle. You can start rebuilding your financial life and start feeling better.
Our Gilbert bankruptcy lawyers Will Assist You!
Call Gilbert Bankruptcy Lawyers today to start talking to a bankruptcy attorney and to learn more about how filing for bankruptcy may help you. We represent clients who are seeking a total discharge of debt through Chapter 7 bankruptcy, as well as those who would better benefit from a debt restructuring under Chapter 13 bankruptcy. We’ll review your goals and your finances and help you understand which would give you the maximum benefit. Call us in Gilbert today to schedule a consultation with a bankruptcy attorney and learn more about your options.