What to do when you are sued

Someone came to you house and left you some papers, maybe from Lynn Araki-Regan, Guy Zukeran or Marvin Dang. You read it and it turns out to be court papers for a credit credit card. You’ve been sued, now what?

If you already filed bankruptcy and this debt existed on the date of the filing, call your bankruptcy attorney. Even if the debt wasn’t listed in your bankruptcy, chances are it was still discharged in the bankruptcy. Furthermore, depending on when the complaint was filed and when you filed your bankruptcy, the lawsuit may be in violation of the bankruptcy’s automatic stay or discharge and may entitle you to recover damages.

If you are in the process of filing bankruptcy, contact your attorney. Depending on how far along you are, your attorney may file your bankruptcy right away. Filing bankruptcy will preempt the credit card suit and will usually result in the underlying debt being discharged. If you need more time before filing, your attorney may advise you on how to delay the collections suit or may make an appearance in the court action.

If you are not filing bankruptcy, you can try negotiating with the creditor, you can defend the court action, or do nothing. Before embarking on any of these paths, you should get some legal advice. Doing it wrong may result in a judgment against you and possible garnishment of wages and/or bank accounts.

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