You Are Being Sued - What Should You Do Next?

Posted about 2 years ago. Applies to Arizona, 1 helpful vote

Email

1

Don't Ignore the Court Papers

I have seen this happen many times. A client will call me telling me that one of his creditors just garnished his savings account, taking most of the money he was saving towards a down payment on a home. Or, a client will contact me about bankruptcy, telling me that she wants to stop the garnishment of her wages. These bank/wage garnishments happened because the clients were served with a "Summons" and "Complaint" at some point and never responded, i.e. ignored the court papers. To read this guide in its entirety, please visit http://www.olgazlotniklaw.com/bankruptcy-guide-being-sued.htm

2

Don't Panic

Stay calm and take action! On to Section 3.

3

Do File An Answer in the Lawsuit

After you are served with a "Summons" and "Complaint," you have a limited amount of time to respond (20 days if served in Arizona and 30 days if outside of Arizona). To read this guide in its entirety, please visit http://www.olgazlotniklaw.com/bankruptcy-guide-being-sued.htm

4

Do Seek Legal Advice Regarding Other Options

Additionally, you should seek legal advice regarding your bankruptcy options, as filing a bankruptcy will at least temporarily halt a lawsuit and may/may not eliminate the need to file an Answer in the lawsuit (thereby eliminating the need for Section 3 above), depending on the timing of the bankruptcy. To read this guide in its entirety, please visit http://www.olgazlotniklaw.com/bankruptcy-guide-being-sued.htm

5

Do Take the Above Steps Even if You Don't Have Any Bank Accounts or Wages

You may say, "but I don't have any bank accounts or wages so why should I take action, as described here?" Well, because you may now or in the future own other property such as real estate. To read this guide in its entirety, please visit http://www.olgazlotniklaw.com/bankruptcy-guide-being-sued.htm

6

Disclaimer

Please note that the information provided is for informational purposes only and does not constitute, and should not be considered legal advice. Transmission of the information contained here and receipt by the reader is not intended to create and should not be construed as creating an attorney-client relationship. The only method of establishing an attorney-client relationship with me is by a retainer and fee agreement signed by me. The bankruptcy law services described herein are with respect to bankruptcy relief under the Bankruptcy Code. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

Additional Resources

Arizona Revised Statutes: http://www.azleg.state.az.us/arizonarevisedstatutes.asp Arizona Rules of Civil Procedure: http://government.westlaw.com/linkedslice/default.asp?SP=AZR-1000 Arizona exemptions: http://www.azb.uscourts.gov/documents/arizona_exemptions.pdf Find a lawyer in Arizona: http://www.azbar.org/FindaLawyer

Rate this guide

Related Topics

Debt

There are different types of debt, but all involve one person (the debtor) owing money to another (the creditor). Terms of repayment are governed by a contract.

Unsecured debt

Unsecured debt, like credit card bills, is not secured by any type of property, so if a payment is missed, then the creditor has nothing to serve as collateral.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,545 answers this week

3,159 attorneys answering