• Facing a Collection Lawsuit or Garnishment?

    Being served with a lawsuit can be scary. Don’t lose 25% of your paycheck to a garnishment. Bankruptcy may be the answer.

    Schedule Appointment

Filing Bankruptcy Will Stop Collection Lawsuits Immediately!

Don’t Wait for the Lawsuit to Turn into a Judgment

What Can You Do if You Are Served with a Lawsuit?

After creditors have attempted to collect the debt owed to them many will file a lawsuit if this debt remains unpaid for several months. Once you are served with the lawsuit you typically have 30 days to file a response to the lawsuit. If you don’t do this then the creditor will obtain a default judgment against you. You have. a few options when you are served with a lawsuit:

  1. Do nothing and have a judgment entered against you.
    .
  2. File a response to the lawsuit and contact the creditor and work out a repayment plan.
    .
  3. File bankruptcy to stop the lawsuit and discharge the debt

How Does Bankruptcy Stop a Lawsuit?

When you file bankruptcy (either Chapter 7 or Chapter 13, an order called the automatic stay goes into effect prevents creditors from continuing any collection activity, including proceeding with a lawsuit. Has soon as your case is filed the creditor has to stop the lawsuit.

Which Lawsuits Will Continue After a Bankruptcy Filing?

Bankruptcy doesn’t help people avoid all legal actions. There are a few cases that will continue despite a bankruptcy case:

  • criminal cases
  • divorce and dissolution actions, and
  • child custody and support cases

What Types of Lawsuits Will Bankruptcy Stop?

  • a credit card balance
  • collection for medical bills
  • money sought for a breach of contract
  • a financial dispute between business partners
  • compensation for a negligence-related personal injury case, such as a traffic accident
  • foreclosure action
  • the collection of a deficiency balance for a car that was turned in or repossessed

Wage Garnishment in Georgia

Once A Judgment Has Been Entered From A Lawsuit A Creditor Can Then Begin To Garnish Your Assets

Once a creditor has a judgment against you they can then garnish your income and assets. You will not be given notice before your pay check is garnished or bank account is seized so this type of creditor action can be devastating to your financial life.

Most creditors cannot garnish your wages without first suing you in court and getting a money judgment. While there are a few exceptions to this rule such as for student loans, taxes, and child support, in most cases the creditor must file a lawsuit and win.

In Georgia, a judgment creditor can garnish your wages up to 25% of your disposable income, or the income you receive after paying taxes, medical insurance, and 401k savings. The ability to pay necessary expenses such as housing, food, and clothing are often directly impacted.

If the creditor chooses not garnish your pay check they can use their garnishment to seize the funds you have in your financial accounts.  Creditors have third party services that allow them to find your bank accounts quickly after a judgment is entered. Once they serve your bank a copy of this judgment your account will be seized.

Fortunately, filing bankruptcy immediately stops garnishment and often discharges the amount owed pursuant to the judgment. Plus, any money that was taken from you through wage garnishment in the three months prior to filing bankruptcy can be recovered. So with either Chapter 7 bankruptcy or Chapter 13 bankruptcy, you can stop the garnishment in its tracks and get back the money that was taken from you.

In regards to your bank account being seized, once your bankruptcy is filed the bank will have to release the account (and your funds) back to you.

Once your bankruptcy case is filed the attorney and/or creditor that obtained the judgment against you will be notified immediately.  They are required to file a release of the garnishment and send this notice to your employer or bank to notify them to stop all actions.

Have you received a notice of garnishment but never received notice that you were being sued?

Schedule A FREE Confidential Consultation With An Experienced Georgia Bankruptcy Attorney

You can check your local county court website for case information. Please note that not all Georgia counties are online to review court case actions but most are. Below is a list of the counties in the Northern District of Georgia with their court links:

Cherokee County

https://www.cherokeega.com/magistrate-court/

https://www.cherokeega.com/state-court/

Case Search – https://www.cherokeeclerkofcourt.com/mainpage.aspx

Clayton County

https://www.claytoncountyga.gov/government/courts/magistrate-court

https://www.claytoncountyga.gov/government/courts/state-court

https://www.claytoncountyga.gov/government/courts/superior-court

Case Search -https://www.claytoncountyga.gov/government/courts/court-case-inquiry

Cobb County

https://www.cobbcounty.org/courts/magistrate-court

https://www.cobbcounty.org/courts/state-court

https://www.cobbcounty.org/courts/superior-court

Dekalb County

https://ody.dekalbcountyga.gov/portal/

Fulton County

Superior http://justice.fultoncountyga.gov/PASupCrtCM/default.aspx

Gwinnett

https://www.gwinnettcourts.com/

Henry County

http://www.co.henry.ga.us/Departments/Courts/State-Court

http://www.co.henry.ga.us/Departments/Courts/Magistrate-Court

http://www.co.henry.ga.us/Departments/Courts/Superior-Court

Newton County

https://www.alcovycircuit.com/courts.html

Rockdale County

http://www.rockdaleclerk.com/offices/index.html

Banks County

http://co.banks.ga.us/dept-superior-court.html

Dawson County

http://www.dawsonclerkofcourt.net/WebCaseManagement/mainpage.aspx

Fannin County

http://www.fannincountyga.com/magistrate-court/

Forsyth County

http://forsythclerk.com/HowDoI/CaseSearch.aspx

Gilmer County

https://gilmercounty-ga.gov/magistrate-court/

Habersham County

https://www.habershamga.com/hc-online.cfm

Hall County

https://www.hallcounty.org/464/Magistrate-Court https://docket.hallcourts.com/

Pickens County

http://pickensgacourts.org/magistrate-court-clerk/

Rabun County

http://www.rabunclerkofcourt.com/

Stephens County

http://www.stephenscountyga.com/clerk_of_court.cfm

Union County

http://www.unioncountyga.gov/courts/magistrate-court/

White County

http://www.whitecounty.net/courts/clerk-court

Carroll County

https://carrollcountyga.com/200/Magistrate-Court

Fayette County

http://www.fayettecountyga.gov/courts/

Haralson County

http://haralsoncountyga.gov/court_services.html

Meriwether Counry

http://www.meriwetherclerkofcourt.com/

https://www.meriwethercountyga.us/magistrate-court.html

Pike County

https://www.pikecoga.com/magistratecourt

Spalding County

http://www.spaldingcounty.com/magistrate_court.php

Troup County

http://www.catoosa.com/courts http://superior.catoosa.com/publiccmwebsearch/

Dade County

http://www.dadecounty-ga.gov/162/Magistrate-Court

Floyd County

https://www.romefloyd.com/navigations/local-courts

Murray County

http://www.murraycountyga.org/index.aspx?NID=89

Paulding County

https://www.paulding.gov/167/Magistrate-Court

Schedule a FREE Bankruptcy Consultation

Our firm offers video consultation from the convenience of your home or in-person appointments in one of our 10 office locations.

Saedi Law Group, located in Atlanta, Georgia, serves the cities of Atlanta, Newnan, Gainesville, Rome, Marietta, Duluth, Jonesboro, Decatur, Buckhead, Sandy Springs, Tucker, Stone Mountain, Lawrenceville, Roswell, Norcross, Alpharetta, Dunwoody, Conyers, Lithonia, Stockbridge, Douglasville, Peachtree City, Smyrna, Kennesaw, and Forest Park, as well as Fulton County, DeKalb County, Cobb County, Gwinnett County, Henry County, Clayton County, Fayette County, Forsyth County, Cherokee County, Douglas County, Newton County, Rockdale County, Hall County, and Floyd County, GA.

We invite you to contact us either online or by phone at 404-919-7296 to schedule a free confidential consultation to review your personal financial situation and what options we can provide to protect you from creditors. For additional information about bankruptcy please also check out our YouTube Channel which has up to date vlogs on issues related to personal bankruptcy.

© 2020 Saedi Law Group LLC. All Rights Reserved. LEGAL DISCLAIMER: We are a debt relief agency. We help people obtain relief from their creditors by filing for bankruptcy. Nothing posted on this website shall constitute legal advice. If you need legal advice please contact our office to schedule an appointment. No attorney client relationship exists until we have a written contract.
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