Legal Question in Consumer Law in Georgia

Re: fraud

A "company" that is not a lawyer or law firm cannot file bankruptcy on your behalf. They may be able to help you fill out forms for you to file. This is an example of why going into the bankruptcy process (or any other legal case) without a lawyer is a bad idea. If the lawyer failed to handle your case properly, his/her insurance would be available or he/she would know how to fix the error. Since we do not know any of the facts of who you paid, or where they are, it is difficult to answer. If you do file for Bankruptcy, the lawyer that you hire to handle that can help you, and perhaps get the court involved in shutting down the other company. You can also try small claims/Magistrate court.

Re: fraud

Only a lawyer can file for you. If you paid someone else, you may be able to have them prosecuted for fraud or sue them. However, it is probably most important to sit down with a bankruptcy lawyer now to see if you still should file.

Re: fraud

A company cannot represent you in a bankruptcy action. If you paid someone to do something and they did not perform the agreed upon service, you can file an action against them in small claims court. If you do take that route, take every piece of paperwork related to your dealings with the company (receipts, cancelled checks, paper work that you were given or filled out) with you. The most important thing for you to do is determine if there is any way that the bankruptcy can still be filed. If you were dealing with a lawyer to have the bankruptcy filed, take a letter to the attorney's office explaining the course of your dealings to date and ask for an appointment to speak with an attorney who can help you. (Keep a copy of the letter.) Otherwise, call the bar association closest to where you live, explain your situation to them and ask them if there are any lawyers that you could contact.

The above information is offered as a courtesy and does not create any liability on the part of either party.