Served with a lawsuit? Consider bankruptcy!!! Michael Primus can help. Getting served with a lawsuit by a credit card company, collection agency, or any other creditor will ruin anyone’s day. Often it motivates people to come see me for a free consultation about filing personal bankruptcy here in Contra Costa County. The trouble is, many people procrastinate after being served with a lawsuit before they consider bankruptcy. People often (mistakenly) think they just need to go to the court on the date shown. In fact, when a creditor files a collections lawsuit in California, the defendant has just 30 days to file a formal written response in court. A court date is given on a document called a Notice of Case Management Conference; however, that court date only goes forward if a formal written response is filed within 30 days (including weekends) of the date the person was served. That court date is irrelevant if no response is filed.
So what happens if you have a judgment against you? Bankruptcy law is federal law and can wipe out most judgments. That means it’s not too late to file bankruptcy. You can still discharge this debt provided that you are eligible for either Chapter 7 or Chapter 13, and that the debt was not incurred through some fraudulent act or other reason that might bar it from being discharged.
Call now for a free consultation. Offices in Walnut Creek, Antioch and Hercules.
Law Office of Michael Primus