The first thing you want to look at is the proof of service, which you'll find at the court house. They provides the information about where and to whom the lawsuit was served. You'll have to show that it wasn't you who was served. You'll also have to show that it wasn't served on someone who could receive service for you, like a family member living with you. Conversely, the creditor will need to bring the process server to court to testify who he or she served. If the creditor can't bring...
1 person marked this answer as helpful
Chapter 7 bankruptcy is not available to businesses. See Bankruptcy Code Section 727(a)(1). Chapter 7 bankruptcy discharge is only available to individuals.
The only way to get them to stop calling you is to send them a letter asking them to stop. You do not need to explain to them that you are filing bankruptcy. In fact, you do not need to talk to them at all, other than to try and negotiate repayment terms. The letter will not stop them from moving forward with a lawsuit, however. In general, creditors can only garnish your wages or bank account after they have filed a lawsuit and been awarded judgment by the court. Of course, bankruptcy...
1 person marked this answer as helpful
You should contact your local bar association or the state bar association. If your income is low enough, you may qualify for free or low-cost legal services.