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Benefit from the Experience of Attorneys Bill and Valerie Sherman Former Assistant Attorney General, Assistant County Attorneys and Magistrate Judge

Unemployed and Being Sued: What Can I Do To Protect Myself?

Question: I'm being sued because I have been unemployed for over one year and I couldn't make my payments on my credit cards, apartment and my car. Because I stopped paying my Visa, MasterCard and American Express bills and I didn't pay my rent for a long time and my car got repossessed, I am being sued in Superior Court. The credit card companies, my landlord and the car finance company are suing me. If I file bankruptcy, can you get these lawsuits dropped?

Answer: Many fellow Georgia residents are being sued because they have not been able to afford payments on credit cards, apartments and cars. As bankruptcy attorneys, we see this every day. And we know how aggressive some bill collectors can be. Some debt collectors use tactics that are unethical, immoral and sometimes even illegal. Many Georgia citizens who are victims of unscrupulous tactics do not understand their rights under the Fair Debt Collection Practices Act and other federal and Georgia state laws related to debt collections and credit reporting issues.

The good news is that bankruptcy does eliminate lawsuits. In other words, if you file a bankruptcy, either chapter 7 or chapter 13, it will first "stay" the legal action against you (that is stop it) and then upon a bankruptcy discharge the underlying claim for the amount of money that the lawsuit claims you owe will be discharged (wiped out). In fact, bankruptcy is really the only way to stop a lawsuit from proceeding. A bankruptcy will stop a lawsuit in any court, whether federal, superior or state court.

Please call The Sherman Law Group at 678-215-4106 so that we can answer any questions you may have about a Georgia bankruptcy.

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