Legal Question in Credit and Debt Law in Georgia

We have been served papers on a lawsuit that a debt collector has filed regarding a delinquent credit card account. We make too much to file Chapter 7 and would rather not file Chapter 13 as we only have 2 accounts that have not settled. We have tried to settle but could not afford the few options we were offerred as we were paying creditors who would work with us. Are there any strategies we can employ at this point to bring these 2 companies to the bargaining table (one hasnt sued yet but is threatening) ? We know we need to answer the suit within 30 day; are there any pitfalls to avoid in that process.


Asked on 8/22/10, 8:10 am

3 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Since this matter looks like it's going to Court, I strongly recommend that you hire a creditor's rights attorney. I'm happy to make a recommendation/referral if you would like (I'm don't specialize in that area). There are MANY potential pitfalls when answering a lawsuit. Best of luck.*******The above is for informational purposes only and does not create an attorney-client relationship.*******

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Answered on 8/27/10, 8:34 am
Scott Riddle Law Office of Scott B. Riddle, LLC

You can pay a lawyer several hundred or thousand dollars to litigation the suit, and in the end if you owe the money and the other side will not settle, you still have a judgment. No one here knows the numbers because you did not tell us, but keep in mind that money paid to a lawyer is often better spent settling the debt (or paying it in full). One thing that could be worth an hour of a lawyer's time is looking at the lawsuit and making a call about a settlement. Actively litigating the case is expensive.

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Answered on 8/27/10, 8:38 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Once you been sued, your options to settle are minimal as you can't make a creditor settle and you have to act in a short time frame. Be aware also that there can be bad tax consequences to settling, and that your past settlements may also create a problem legally for you now.

You need a lawyer now. Don't assume you make too much for a 7. Some people who are over the median on a means test can still pass that test and file a 7. A 13 also may be a better option than losing a suit. So again, get counsel. If your are in or near metro Atlanta, feel free to call me.

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Answered on 8/27/10, 8:45 am


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