Most people have never been involved in a lawsuit; therefore, if they are served with a Burlington County Summons and Complaint, their first instinct is to panic over being sued. They may be afraid of losing their property, going to jail or having their wages garnished. Whether any of these things might happen depends largely on why you are being sued. We will focus on one type of lawsuit for the purposes of this discussion — a lawsuit to collect a debt.
Creditors are More Aggressive About Collecting Debts
It is becoming increasingly more cost effective for creditors to sue individuals in order to collect a debt. Once the creditor has a judgment in place, the creditor can sell that judgment to a debt collector to recoup some of the money owed to the creditor. The debt collector then “owns” the debt and it will continue debt collection tactics (i.e. harassing telephone calls, threatening letters, etc.) to collect the debt. This causes the undue stress and hardship on the person that was being sued because they must now deal with the fact that they have a judgment against them in addition to being harassed by a debt collector.
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Having a judgment gives the debt collector more power to try to collect the debt including taking the individual back to court to enforce the judgment. However, there is a way to stop this from happening — filing a bankruptcy case.
Bankruptcy Stops You From Being Sued
If you are being sued, you can file a bankruptcy case to stop the lawsuit. When you file a bankruptcy case, the creditor must stop all action to collect the debt including but not limited to a lawsuit. The automatic bankruptcy stay remains in effect during the bankruptcy case or until the court orders otherwise. Creditors are not permitted to file a collection lawsuit, continue with a lawsuit or prosecute a judgment. In most cases, the debt will be discharged through the bankruptcy case so you will no longer owe the creditor when your bankruptcy is complete.
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For example, John is being sued by a credit card company. John files Chapter 7 and includes the credit card debt in his bankruptcy. The lawsuit stops immediately upon the filing of the Chapter 7 case and the debt is discharged once the case is completed. The credit card company cannot collect this debt from John.
Schedule a Free Consultation with an Experienced South Jersey Bankruptcy Attorney
You can stop a lawsuit, eliminate your debts and, in most cases, keep your property by filing for bankruptcy relief. We understand how stressful it is to being sued. We can explain in more detail how filing a bankruptcy can stop the lawsuit and it will get rid of the debt forever. By helping you choose the right bankruptcy chapter for your financial situation, Travis J. Richards helps you get a fresh start while protecting your interests.
Travis J. Richards and his staff are here to assist you with your financial problems. We focus our services on bankruptcy, debt consolidation and credit repair. We offer free bankruptcy consultations during normal business hours as well as on weekends and after-hours.
Call our office in Mount Holly at 609-267-5297 or use our convenient online contact form to schedule an appointment today.
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