18 Sep What should I do if I am being sued by my creditors?
The first thing you will know if you are being sued by your creditor is the receipt of a summons from the court with a notice stating that you are being sued and that you have to respond to the complaint for money owed within 30 days from the date of your receipt. If you are being sued, do not waste your time, immediately contact an attorney to defend you. If you think you cannot pay the debt being claimed, you can file for bankruptcy. The filing of bankruptcy will stop the lawsuit or if there is already a judgment against you, the judgment can also be discharged in bankruptcy. Do not disregard this notice because if a default is entered against you, the creditor will be granted a money judgment and they can levy your bank account and garnish your salary.
Most banks and creditors file an action in court to recover money whenever the debtor failed to pay on time. When you are saddled with debts, there will be many creditors filing lawsuit. The purpose of the lawsuit is to recover whatever money the debtor may have in their bank accounts and to garnish money from debtor’s wages.
Question: Will bankruptcy eliminate court judgments for money owed?
Answer: Generally, filing bankruptcy effectively eliminates judgments for money owed, tort liability such as liability for personal injury, and other types of general liability. These will include adverse court rulings on loan defaults, nonpayment of credit cards, breach of contract and many others.
Question: Will bankruptcy eliminate liability based on secured debts?
Answer: If you lose your home through foreclosure and there is a deficiency balance on the second or third loan, this balance can be eliminated by filing bankruptcy. This usually happened when you refinanced your house and got some money by getting a second or third loan. This deficiency balance is a contractual liability created by the secured notes, deed of trusts and other loan documents. These documents survive foreclosure and the terms are still enforceable as a contract even though you no longer posses the collateral (the house or the car). The only way to eliminate this type of liability is to file for bankruptcy.
Note: This is not a legal advice. Each case is unique and you need to talk to an attorney about the specifics of your case. The Law Office of Crispin C. Lozano has successfully helped clients in discharging debts in bankruptcy.