Legal Question in Credit and Debt Law in Georgia

Instead of filing an answer, as inability to pay is NOT a defense, see a lawyer to either help you go bankrupt or advise you on trying to negotiate a consent order, or, if you have real defenses, to help you raise those. Do that ASAP. (Call my office at 404-768-3509 if you are in or near Atlanta).

You don't file answer pro se. If you have valid defenses (valid defenses usually are statute of limitations, its not your debt, you don't owe whatever the creditor says you owe or the creditor has not attached sufficient proof - as in a junk debt buyer bought the debt and there is no proof that they now own it). It also depends on if the complaint is in small claims (magistrate's court). If in magistrate's court, there are forms available online and you can file a pro se answer.

The problem is that if you have no defenses and its your debt, then the creditor is going to get a judgment against you. Not being able to pay is not a defense.

How much is owed? Who is the law firm suing you? Who is the creditor? What assets do you have? What other debts do you have? These are all factors that may dictate what you do next.

If you have at least $10,000 in dischargeable debt and can file a chapter 7 bankruptcy, then maybe that is what you want to do. if so, please see Attorney Ashman or another bankruptcy attorney. However, bankruptcy has its own consequences and should be an option of last resort. If also depends on your age, sources of income and need for future credit. Someone who is in hospice or 92, on Social Security and who has no assets probably need not file either.

If you have less than $10,000 or cannot for whatever reason file a chapter 7 bankruptcy, then maybe you need to explore alternatives. These can range from entering into a payment plan to settling the debt, either now, or whenever you are able to do so.

I am neither a bankruptcy nor litigation lawyer. However, if you are interested in resolving the debt in a non-bankruptcy non-litigation context, I may be able to help negotiate a resolution of some kind. Please email me at [email protected] if interested. Consults via email are free.