While you can certainly wait to file a bankruptcy, what you do not want is for a plaintiff to win a lawsuit against you and obtain a judgment. And if you do not fight the lawsuit, or fail to show up in Court, the plaintiff will automatically win, and they will get what is called “Default Judgment” against you.
If you are sued by a creditor or other form of plaintiff, filing for Bankruptcy puts a stop to lawsuits under the powers of the Federal “Automatic Stay.” Further, a successfully discharged bankruptcy eliminates the liability from which the lawsuit arose, so no one can ever sue you for the debt after the bankruptcy is completed. If anyone has filed a lawsuit against you, you should consult with our office immediately in order to determine whether filing bankruptcy is a good option in your case.
Attorney at Law
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The moment you are sued by anyone for any reason, you should immediately consult with an experienced attorney to go over your entire range of options to determine your best course of action. The attorneys at the law office of Scott Lyons Attorney at Law always offer free first-time consultations. Call (559) 636-8122 to get your appointment your free consultation today.
IMPORTANT: Because a Bankruptcy can stop a lawsuit before the plaintiff can obtain a judgment against you, if the attorneys determine that Bankruptcy is a good option in your particular case, it is best that you file BEFORE the plaintiff has a chance to win his case against you.
There are dangers if a creditor obtains a judgment. If a creditor obtains a judgment for monetary damages, they can do the following: (1) Record the judgment against any real property (homes, business establishment, farmland, etc.) that is in your name. The judgment acts as a lien, and the creditor may eventually foreclose on the property if they so choose unless the lien is paid off; (2) The plaintiff may obtain a wage garnishment order so that a portion of your paycheck is paid to the Creditor until the debt is paid off; (3) The plaintiff may obtain a bank levy and siphon funds from your bank account; (4) They may take other property that you own.