Legal Question in Credit and Debt Law in Georgia

Can I be arrested for failing to pay a debt that was included on my bankruptcy? I have a creditor threatening to have me arrested for a furniture that was included on my chapter 7. They have filed a case in magistrate court. What do I do?


Asked on 1/04/17, 10:33 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Suing you on the debt in Magistrate Court is not a criminal case so, no, you won't get arrested for that. As far as the debt and your BR case, important facts are missing. Was the debt discharged ("included" does not mean anything)? Did you reaffirm the debt? Are they instead claiming that you won't turn over their collateral? A call to your BR lawyer might resolve it, or send your discharge order to the lawyer for the company.

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Answered on 1/04/17, 11:20 am

You cannot be arrested but more details a re needed here as to what is going on. If this is a debt that was discharged in bankruptcy, you would not owe the money. The problem is that some of these furniture places retain a security interest in the goods sold, which means they can repossess them if you do not pay. So they may have waited until the bankruptcy was finished and then filed an action to recover the property. I agree with Attorney Riddle - you need to find out what was or was not discharged by your bankruptcy order and you need to have the new complaint reviewed to see what they are actually suing for. If the creditor is in fact trying to recover on a debt that was discharged, that is a big no no in the bankruptcy world. Better have a talk with your bankruptcy attorney.

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Answered on 1/04/17, 11:51 pm


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