Legal Question in Credit and Debt Law in Oregon
Small Claims Suit
How do I deal with a small claims suit against me from a company in Oregon. I reside in Missouri and will be filing bankruptcy soon. Do I have to appear in the Oregon court ?
Thank you
2 Answers from Attorneys
Re: Small Claims Suit
Unless the claim falls under a small list of excludable type claims, the claim and or Judgment of the Oregon company will most likely be discharged in a Chapter 7 Bankruptcy. If you file under a different chapter, this may still be true. Your Bankruptcy attorney should be able to determine whether this is the type of debt you can get Discharged. As a practice, I don't tell people to skip going to Court. However, if you do file bankruptcy, and this debt is discharged, it will not matter whether you were at the small claims court hearing.
Good Luck,
Tony Smith
Re: Small Claims Suit
Depending upon the amount sought in the lawsuit, you may be well advised to hire a local attorney in Oregon to enter an appearance as your attorney and get that case continued so that you have time to file your Bankruptcy. Then, the attorney can file a "Suggestion of Bankruptcy" and the Oregon suit will have to be dismissed. The creditor can then file its claim in your Bankruptcy proceedings. I hope that this has been helpful for you.