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Lawsuits and Bankruptcy
in Atlanta, Georgia
Often being served with a
lawsuit or impending trial prompts defendants to consider bankruptcy.
Since there is a wide range of legal theories behind lawsuits, from
simple collection action to a complex business tort case, there is no
one answer about whether the filing of a suit signals time to file bankruptcy.
Contact
a Atlanta area bankruptcy attorney
If you do not answer the
complaint the law presumes that you agree with the contention of the
lawsuit. The plaintiff (the one that brings the suit) can ask the court
for an entry of judgment in the amount stated in the complaint. If there
is no amount stated the plaintiff has to put forward proof of the amount
of damages. You usually cannot participate in the hearing to set the
damages unless you answered the complaint.
Once the courts enter a judgment
the plaintiff can get a lien on your assets, a levy on your bank accounts,
and can garnish your wages. However, if all of your assets and income
are exempt, you may be able to ignore the lawsuit altogether.
Bankruptcy and lawsuits are
an extremely complex combination, and your Atlanta, Georgia bankruptcy
lawyer can advise you as to the best course of action to take in your
specific case. Your Atlanta, Georgia bankruptcy lawyer can help you
make the right decision about whether to answer the complaint, advise
you about which of your assets are exempt, and help you through every
step of your lawsuit and the bankruptcy decision.
For
more information about bankruptcy and litigation, contact a Atlanta,
Georgia Bankruptcy Lawyer.
