Bankruptcy - When A Threat Turns Into A Judgment

Tuesday, November 10, 2009 by Mark Zuckerberg

"Pay me now, or I'll sue!" Over my years of offering Indiana bankruptcy help to tens of thousands of clients in Anderson, Columbus, Bloomington, and Indianapolis, I've found that the next-to-last chapter of the story, the one that comes right before bankruptcy, often begins with the word "SUE".

As a debt consolidation lawyer, I know lawsuits usually start out as nothing more than threats. A threat doesn't turn into a lawsuit until a complaint is actually filed with the court.  A copy of the complaint is then "served" to you by a special courier or via certified mail.

Your next move?  File an answer to that complaint, telling your side of the story. That answer is due within 20-23 days from when you receive the complaint.  The next step is a trial.

What if, after being served with a complaint, you simply ignore it? That would create what's called an automatic default judgment against you. (In a trial, a judgment may or may not result, but - ignore a complaint? The result will definitely be a judgment!)

How serious is a judgment against you? In a word, VERY.  With a judgment, a creditor is able to do any or all of the following unpleasant things:

  • Put a lien on your property (meaning you can't sell it or give it to anyone)
  • Garnish your wages
  • Garnish your bank account
  • Attach your property (meaning take it from you)

At any point in this sequence from threat to judgment, you might find your need Indiana bankruptcy help.  That's because filing bankruptcy has the same effect as a referee calling "Time out!"  The automatic stay of bankruptcy is an injuction from the court that automatically stops lawsuits against you from the moment your bankruptcy is filed.  

As an attorney offering bankruptcy services in Indiana, I stress one piece of advice: When it comes to handling your debt, it's almost always best to act sooner rather than later.  Don't wait until the next-to-the last chapter of the story.  It's easier to turn your ship around before the water begin to get really stormy. 

And that's exactly what bankruptcy court process is meant to do - turn your ship around and get your life back  to smooth sailing again!

 

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