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Small Claims court -What would I need to show judge if I'm filing for bankruptcy and have plaintiff listed as a creditor? Thanks

Atlanta, GA |

I have a small claims case coming up soon. I haven't filed yet but am saving (to pay for an attorney) to do so. What would I need to bring to court to show judge that plaintiff is listed as a creditor? Thank you for your time.

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Attorney answers 8

Posted

One additional point that should help you with timing. Since you are in Atlanta, most of the metro Magistrate Courts, and those in both Fulton and Dekalb, will allow you a continuance if the case has not been previously on a calendar. You may be able to get this by going to the court prior to the hearing and making the request. If not, you likely can annonce at the calendar call your intention and request that the court continue it until the next available calendar. This will likely buy you 60-90 additional days to save to hire your BK attorney. The courts don't want to wast time dealing with a case that may actually go away with a bankruptcy Discharge. Good luck.

Posted

Your small claims action will stop once you file bankruptcy and notify the small claims court by filing a Suggestion of Bankruptcy in that case.

You will list the plaintiff as a creditor in your bankruptcy schedules.

This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

Posted

Small claims cases do not typically involve attorneys. If you have filed bankruptcy, file a copy of your B9A notice and list of creditors (Schedule F) with a cover sheet called "suggestion of bankruptcy."

Hope this perspective helps!

Posted

Until you file, there is nothing to show. A judge will not care if you are going to file. They only take it into account once you file.

Posted

Once you file your Bankruptcy case, you will need to file a “Stay of Bankruptcy” in the court which the civil action has been filed. The Stay of Bankruptcy will reference the Civil action and the date your Bankruptcy case was filed and the Bankruptcy Case Number and that the creditor was listed on the petition. The Stay of Bankruptcy puts the Small Claims Court Judge on notice that you have filed a bankruptcy case and puts the civil action on hold pending the outcome of your bankruptcy case, Once you get a discharge, the creditor should dismiss the action. Be sure to serve a copy of the Stay of Bankruptcy on the Attorney for the creditor, as well as the creditor and the Chapter 7 Trustee. If you have an attorney, he/she will usually do this for you.

Posted

Your bankruptcy lawyer will schedule the creditor and likely the court clerk for notices and will Fe a suggestion of bankruptcy once you file. Until you file planning to file doesn't matter.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

Posted

Posted multiple times.
The DiGiulio Law Firm, LLC.
770-309-9551

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The information you're reading is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, or other communications should be taken as legal advice for any individual case or situation. Viewing the general information here does not constitute an attorney-client relationship. Please contact 770-309-9551 for additional questions or to schedule for your free phone consultation. If this question or answer pertains to bankruptcy, please be advised that we are a federal debt relief agency. One of our areas of practice is to help people file for bankruptcy relief and protection under the U.S. Bankruptcy Code.

Posted

First of all, if you did not file a written response to the case, there will be no hearing, and a judgment will issue to allow the creditor to garnish your wages. If you did file a written response, you should try and come to an agreement with the creditor to enter a consent judgement for monthly payments to the creditor. You can then pay them the monthly payments until you are able to file your bankruptcy case. The reason for this is that, if you lose in court, a judgment will be entered for the full amount, and the creditor will start garnishing your wages or attaching your bank account, making it harder to come up with the money to file your bankruptcy. If you do the consent judgment for an amount you can afford, your payments to them will be minimal, and you can get out of the agreement once the case is filed. Once the case is filed, a motion to avoid the lien of the creditor will need to be filed, along with a notice of stay.

These are things your bankruptcy attorney should be handling for you and advising you about already. If not, you may want to find someone more helpful.

The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP hmgrmg@yahoo.com 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

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