Question: I was served with papers for a lawsuit for a debt that I don't even remember. I'm getting sued on a credit card debt that I think is a few years old. I think I had the credit card but it was mostly used by my ex-wife to buy furniture and electronics for a vacation home we bought in North Georgia.
After we got divorced I lost track of a lot of bills because I bought a house in Roswell and my ex-wife stayed at our house in Alpharetta. But now I've been served with legal papers and I don't know what to do.
I have to admit that I have a ton of debt because I wasn't working for a while and because I lived on my credit cards for a couple of years while I tried to start a business in Atlanta.
I know that I have to file bankruptcy because I need a fresh start and the debt is just too much to pay each month. I really can't afford to make the minimum payments anymore. So it's pretty bad. I just got a new job with a company in Dunwoody and I don't want them to find out that I've been sued and I definitely don't want a wage garnishment because then they might fire me.
What should I do about the lawsuit? Will a bankruptcy help me just make the lawsuit go away?
T.S. in Roswell
Answer: For many people, being sued is a "wake-up call." Many people file for bankruptcy when they get sued. If you file for bankruptcy, then the lawsuit is included in the bankruptcy.
Many people use the bankruptcy laws so that the debt is discharged in the chapter 7 or chapter 13 bankruptcy and so that they do not have to go through the expensive and time-consuming process of fighting a lawsuit. Indeed, most people would probably lose the lawsuit because they incurred the debt.
We have filed bankruptcy for many clients who have been sued in a magistrate, state or superior court.
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