Legal Question in Credit and Debt Law in Georgia
I received a letter from what appears to be a bankruptcy lawyer, saying that, even though i may not have been notified yet, a local hospital has filed a lawsuit/garnishment action against me. The amount of the debt is about $1400.00. I don't have the full amount, and i filed bankruptcy a few years back. How can i stop this?
3 Answers from Attorneys
No one here knows when you filed BR and you did not tell us so we don't know if that is relevant. Otherwise, when you are served, you can contact the lawyer to settle it (in writing), pay it, answer it and delay the inevitable or see a Bankruptcy lawyer again. Whether it is one who sends out these letters is another question. Obviously a bankruptcy over $1400 would not likely be a good idea but no one here knows your situation.
Without seeing the letter, I do not know if its from a bankruptcy lawyer or not. It may just be a debt settlement company. Either way, attorneys or debt settlement companies subscribe to a list service that scours the court records for something that has been filed and then they contact you. It happens with traffic tickets and other types of cases all the time.
Was the hospital debt included in your bankruptcy? If it was discharged, then this company cannot collect on it again . If they persist, you can get your bankruptcy re-opened and this company can be sanctioned for trying to collect on a discharged debt.
The other thing is that you can go to the court where the garnishment is allegedly pending - you should receive a copy of the garnishment anyway to see who is trying to garnish your wages and what for.
If the debt was incurred after your bankruptcy or was not discharged in bankruptcy, then you have to decide what to do.
I can help you get the debt settled if you owe it or get this cleared up if the debt was discharged, Please feel free to contact me regarding this issue.
Rachel Hunter
Attorney at Law
(678)-687-9693
Admitted in GA, PA & NC
Since you haven't said if the debt was inluded or not in your bankruptcy, and whether it occured before or after your case, the best answer is to call the lawyer who handled your case.