Legal Question in Credit and Debt Law in Georgia

You should have hired a lawyer a long time ago. Unless you can pay, see a bankruptcy lawyer TOADY (not soon - TODAY!) to determine if that is an option.

First of all, and I don't say this to be mean or rude, but your creditors do not not care why you have not paid or what is going on in your life. The only questions before the court are: (1) is this a debt that you are legally responsible for; (2) is the lawsuit timely (maybe); and (3) how much do you owe. That's it.

While I understand Attorney Ashman's sense of urgency, my focus is not on litigation. The creditor can do nothing for 30 days until the judgment becomes final so if you went to court today, you have a little time to see what direction you need to go in.

If you have valid defenses to the lawsuit (valid defenses are extremely limited - they are either that the lawsuit is untimely (there is a 6 year time span from the time the debt was last paid and this seldom arises in GA) or its not your debt (like in the case of identity fraud) or there is a lack of proof (like where a junk debt buyer buys a debt) or there is a real question as to how much you owe. If its your debt and there are no valid defenses, then litigation will not help.

If this debt, either alone or in combination with your other debts, is at least $10,000 or more and would be dischargeable under the bankruptcy code, then you may want to consider a chapter 7 bankruptcy if you can file. Bankruptcy has its consequences and really ought to be the option of last resort after everything else.

If bankruptcy is not right for you, then it depends on your assets, income sources and debts. Your options range from doing nothing to saving and then settling to working out a payment plan.

I have some articles that I can send you which discusses these options more in depth if you would like. I can also give you some insights via email if I knew how much was owed, what the debt was for, who the creditor is and who the law firm is. Different creditors/law firms have different guidelines. Most credit card/personal loan debts will settle for anywhere between 50% and 80% post judgment.

Please email me at [email protected] if interested.