You received notice from us that a lawsuit has been filed against you. The party that filed a lawsuit against you (the plaintiff) believes that you have harmed them in some way and that you owe them money. Lawsuits of this nature arise typically from credit card debt, medical bills, repossessed automobiles, prior apartment rent, debts related to an automobile accident, or debts related to a homeowners association. Regardless, the plaintiff is seeking a judgment against you so they can garnish your wages or bank accounts.

We monitor the court’s websites in many North Georgia counties on a daily basis to obtain information about lawsuits that have been filed in those counties. We send letters and emails to citizens that are being sued the day after the lawsuit has been filed so you may have received this letter before receiving a summons from the sheriff. Our notice provides you with the case number and the name of the plaintiff. In many cases, you may not even recognize the plaintiff because the underlying debt has been sold to a collection agency. In other cases, you may recognize the plaintiff but you believe the debt has been “written off.” Keep in mind that even though a debt has been written off, the creditor can still attempt to collect from you or sell your debt to a third party.

You received notice from us that a lawsuit has been filed against you. The party that filed a lawsuit against you (the plaintiff) believes that you have harmed them in some way and that you owe them money. Lawsuits of this nature arise typically from credit card debt, medical bills, repossessed automobiles, prior apartment rent, debts related to an automobile accident, or debts related to a homeowners association. Regardless, the plaintiff is seeking a judgment against you so they can garnish your wages or bank accounts.

You will have 30 days from the time you are served with the summons to respond to the lawsuit before the plaintiff can take any action against you. If it is a debt you do not owe, you might consider filing a response to the lawsuit and the court will set the matter down for a hearing. You will need to be prepared to show the court that it is not a debt that you owe. You may be able to do this by providing receipts for payments in the past or proof that the individual responsible for the debt is not you.

If the statute of limitations has run, which is 6 years on a written contract in Georgia, you might want to respond to the lawsuit indicating that the debt is outside the statute of limitations. Be careful with this because any payment that was made on the debt since it was incurred resets the statute of limitations clock. You should have a copy of the agreement that indicates the date on which the debt was incurred.

If it is a debt that you owe and you would like to avoid collection activity and potentially eliminate the debt, you might consider filing a bankruptcy case. Either a Chapter 7 or Chapter 13 case will stop the creditor from taking any collection action against you. If you qualify for a Chapter 7 bankruptcy case, that debt, and any other unsecured debts (except student loans, domestic support obligations, and certain tax debts), can be eliminated. Chapter 7 is intended to give you a fresh start. If you do not qualify for a Chapter 7 case or if you are struggling with payments on a automobile or mortgage, then you might want to consider filing a Chapter 13 bankruptcy case.

If you would like to explore your options under bankruptcy, please contact our office so we can refer you to a bankruptcy attorney who will review your financial situation and determine whether a Chapter 7 or Chapter 13 case is best given your situation. If you do nothing, the plaintiff will get a default judgment against you and then take steps to collect the debt by garnishing your wages or bank accounts.