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View Full Version : At the last straw


bonita tanner
Dec 27, 2006, 09:41 AM
I've received civil court papers to appear in court for my credit card debt. If I put in to file bankruptcy is it to late will they continue with any garnishment. Also do you need to have a certain amount of money in your bank account in order for any creditors to put a freeze on it.

mr.yet
Dec 27, 2006, 09:46 AM
Once the creditor get a judgment against, they can attach any asset you have, even garnish your wages and bank accounts.

excon
Dec 27, 2006, 10:05 AM
Hello bonita:

Bankruptcy will STOP the law suit. Without a lawsuit, there's no judgment. Without a judgment, there's no garnishment.

But, bankruptcy isn't cheap. Mr, yet is right. Don't let them get a judgment.

excon

mr.yet
Dec 27, 2006, 10:13 AM
To help delay the suit, you can file Notice to intend to defend, File Motion to dismiss lack of subject matter jurisdiction, failure to state claim upon which relief may be granted.

Use the delay for discovery and demand that the creditor produce the original contract. They must have the original contract to prove you did sign it. Don't accept a copy. In today world a computer can make a copy lokk like the original.

Just so way to help you defend the action in the court.