Collection Lawsuits Lawyer in Overland Park, KS
A creditor (the company money is owed to) has the right to sue a debtor (the person who owes the money) to collect on an unpaid debt. However, you need to know that you still have rights and that filing for bankruptcy stops all collection activity, including pending lawsuits and garnishments.
At Sypher Law, Sarah counsels many clients who have been threatened with a collection lawsuit or have actually been sued.
Avoiding Garnishment & Collection Actions
We can help you assert your rights and avoid garnishment or collection actions by using the bankruptcy laws.
There are some other facts you need to know:
- The only person who can file a collection lawsuit is an attorney licensed in the state where you live.
- The creditor must hire an in-state attorney if a suit is going to be filed.
- Once a lawsuit is actually filed, you generally have 20 days to respond.
- If you fail to do so and fail to appear at the hearing, the creditor can obtain a default judgment. Even then, you still have rights and options.
Sarah will use the law and her abilities to protect your rights and interests.
Filing for bankruptcy stops lawsuits and renders most judgments uncollectible. You can file for bankruptcy at any time.
- If you file for bankruptcy, no lawsuit will be filed against you.
- If a lawsuit is filed and then you file for bankruptcy, no judgment will result.
- If a lawsuit is filed and a judgment is rendered against you, the judgment is uncollectible. You can also stop the garnishment of your wages and financial assets.
Obviously, bankruptcy is a powerful tool for debtors. Attorney Sarah Sypher can explain your options and take action to protect you rights and assets.