I was served in a civil suit in the amount of $3500. I cannot dispute the claim, i know I owe the money, but I do not the the means to pay. I own a car that is worth very little(maybe $500), and do not own anything else. I work for $9.45 and hour through a temp service at the moment and live paycheck to paycheck, so garnishing my wages would be disaster to me and my family. Is bankruptcy my best option?
2 Answers from Attorneys
You have a legal emergency and need to see a lawyer well before your 30 days runs out. If you lose the case, by default or otherwise, a garnishment is likely. A lawyer will look at your situation and evaluate your options. Depending on your other debt and situation, a bankruptcy may be a likely choice. And if you have defenses to a suit, a lawyer willhttps://www.lawguru.com/answers/answer/free_show/541313468# discuss those.
Bankruptcy may be an option, but if this your only debt, you might be able to make payment arrangements as part of the lawsuit to avoid a garnishment. Make sure to file a written response to the lawsuit within 30 days to avoid a judgment by default. If this is magistrate court, you can then contact the attorney for the other side about working out a settlement. Do not call the other side before you file an answer, as they will tell you that they would be happy to settle, but would have to get back with you. They will then stall you until the 30 days has run out.