Lawsuits Before Filing Bankruptcy-Lawyers Modesto, CA

If you are being sued by a creditor don’t worry because when you file your bankruptcy petition the lawsuit should goes away depending on the debt. The majority of creditors must get a judgment before they can garnish your wages or levy on your bank account. That means they must first serve you with legal documents call a “summons.” If you don’t respond within 30 days they can move for a default judgment and then start collection procedures. If you can’t immediately file for bankruptcy then it may be a good idea to file an answer to their complaint. This will buy you months before the creditor can take any action against you.

Judgment Proof-Attorneys Modesto, California

A creditor with a judgment can’t garnish all income. For example, if your only income is social security, and your only assets are in a qualified retirement plan, then they can’t take anything from you. Or, you may be a person without a job that has no assets in your name. Either way, you may still want to hurry up and file for bankruptcy to get rid of your debt and start the rebuilding process. At the point you know you need to file for bankruptcy, you should immediately start the process so that you can rebuild your credit quicker.

Harassing Creditors-Modesto Lawyer, CA

Once you file your bankruptcy petition, collectors are not allowed to call you to collect the debt that you once owed them. If they continue to harass you, our Modesto lawyers at the law office of Ben Roberts will give them written notice that we can sue them under the Fair Debt Collection Practices Area for any damages you suffer as a result of their harassment and up to $1,000 in statutory fees. Damages can include medical costs you incurred due to their harassment. You can also collect attorney fees.