You are relaxing at home on a typical day and then you receive a knock at your door. You open the door and a process server greets you and asks you if you live there, you say you do, and he serves you with a summons and complaint. You look at it more carefully and you see it’s a lawsuit from one of your credit card companies that is suing you for your unpaid balance plus interest plus attorneys fees. You then immediately start to panic.
The filing of a civil lawsuit is just the start of the actions that a credit card company may take against you. You will have twenty days to answer your complaint or the creditor will be able to get a default judgment against you. You most likely have no defense to this lawsuit as you probably spent the money and you stopping making payments to collect. Once they win their lawsuit (and they will), they will begin to attempt to collect on the monies owed. They will begin their collection attempts by freezing your bank account(s), wage garnishing you if you have a job, or levying and selling your property (not including your home).
Fortunately, the filing of a bankruptcy can and will likely cease any actions against you by your credit card company. The filing of the bankruptcy will immediately freeze any on going state court actions and in the case of a credit card lawsuit, will likely have the lawsuit be dismissed. The creditor will not be able to wage garnish you, freeze your bank account, or even levy on your property.
If you have been sued by a credit card company, or believe that a suit against you is imminent and would like to schedule a free consultation to determine if bankruptcy is an option for you, then please contact Shmucher Law, PL at 954.309.5559 or 305.741.5553. Our office locations include Boca Raton, Fort Lauderdale, Miami, Plantation, and Sunrise Florida.