Legal Question in Civil Litigation in Georgia

I have received three discovery demands today from a creditor that has set a court date in my county on 9/23/10 with me. What do I do? I am on workmans compensation and owe a high order of child support...I am not even up to the budget of my rent and utilities which rent is relatively low at 700. So do I reply to the interogatories? So do I show in court? The credit card debt is 3 yrs old. I just have been eeking by surviving and paying child support all these years on three daughters.


Asked on 9/14/10, 6:54 pm

3 Answers from Attorneys

Paula McGill Attorney at Law

You should seek the advice of a bankruptcy attorney regarding filing for bankruptcy before there is a judgment. Moreover, even if you don't want to do this, you may want to hire an attorney to assist you in completing the discovery before the deadline. Furthermore, if you want to file for bankruptcy, you may want to get an extension for serving your answers and appearing for court.

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Answered on 9/19/10, 7:16 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You need an attorney before the court date.

The filing of bankruptcy may be a way to stop the case dead in its tracks. DO NOT WAIT UNTIL AFTER THE COURT DATE. If the creditor receives a judgment on that date, there may be qadverse consequences that a bankruptcy could have stopped. To be honest, you have waited way too long, but that is all the more reason to be in a lawyer's office today, as it may take some time to determine (1) if you can file, and (2) to get everything together to file.

I can't tell you without seeing your numbers whether that is the best answer (or even an answer at all), but your post makes me suspect it is a likely helpful answer.

I would make sure that you have called a lawyer no later than today. You're nearly out of time.

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Answered on 9/19/10, 7:49 pm
Jack Hall Hall Bankruptcy Services

In the most general sense, the advice you received from the other attorney that answered your question was sound, that is, you should either consider filing for bankruptcy or get an attorney to help you file the answers to the interrogatories. However, the only problem with that is that I suspect that an attorney will most likely charge you upwards of $1,000 to file for bankruptcy protection, or you will have to pay around that much to get an attorney to represent you in the civil suit. There may be a way that you can avoid having to pay that much for either option, but I say �may� because you have not given enough facts to know if it would be a good idea for you to file for bankruptcy. Insofar as the discovery (interrogatory) goes, you need to be careful how you answer those because the creditor will use your answers against you to get a summary judgment. There is a way to answer so you are not being evasive but at the same time not telling them what they want to hear. On the other hand, if you file for bankruptcy, it would be a chance to make a fresh start and you will not have to answer the interrogatories or participate in the lawsuit against you any further. Not only that, you may be able to use the fact that you do not have a substantial income to your advantage in the sense that you can get the filing fee waived. There is also a way that you can avoid having to pay large attorney fees, but as stated above, whether you can or should file depends on some facts you don�t state in your question. You are welcome to call me if you wish at this number anytime. You should do so quickly, however, because if you wait too long to respond to the lawsuit, they will ultimately get a judgment against you and things will just get worse. Call me tomorrow (Monday) or tonight if you wish. I will not charge you just to talk on the phone. 915 261-3893

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Answered on 9/19/10, 8:33 pm


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