Hondo, TX Bankruptcy Law Firms & Lawyers

The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must "appear" by way of an Answer in 10, 20 or 30 days, "depending on the method of service." PLEASE CHECK THE LAW IN YOUR STATE AS YOU MAY ACTUALLY HAVE TO APPEAR IN COURT, AS IN VIRGINIA, IN ORDER TO AVOID A DEFAULT! You need a lawyer, but if you cannot afford one right away, rather than do nothing and have a judgment entered against you, is to "appear" by filing something! Many people think this means they have to go to Court and this is incorrect. 90% of all lawsuits end in Default Judgments because the defendant (person getting sued) did not file an Answer. I recommend you go to the free form I have on my website. Print it out and fill it out as instructed. You must answer the numbered paragraphs on the Complaint by writing them into the appropriate lines in the Answer. The Answer will allow you to preserve your rights and will prohibit a default judgment (i.e. you did not show up) from being entered against you. Mimic the paperwork you got when you got sued. Answer all the paragraphs of the Complaint by writing the numbers in lines 1, 2 or 3. Almost 100% of attorneys will deny what is owed because they did not do the calculations and do not know what the basis for the number is... When you file the Answer that is your "not guilty". You have the right to make the person suing you (Plaintiff) prove their case, but you must also answer the complaint truthfully. Make sure you fill in the name and address of the attorney suing you before you bring this paperwork to the Court. Mail it to the attorney suing you right away! Good Luck!

Civil judgments can often be eliminated by bankruptcy. The types of debts that may be ineligible to be eliminated are described in 11 USC sec 523. If the accident was related to a criminal action, such as drunk or drugged driving, it is possible you may not be able to eliminate it through bankruptcy, but the creditor would have to file suit against you in bankruptcy court very quickly to stop the debt from being eliminated.

You are not eligible to obtain a discharge in a Chapter 7 bankruptcy until 8 years have passed from the commencement date of the last bankruptcy you filed.  You are eligible to file a Chapter 13 bankruptcy and receive a discharge 6 years after the commencement date from your last bankruptcy you filed.  I hope you found this answer useful.