Laredo, 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!

If you filed without an attorney, you are responsible for knowing the laws and procedures and how to file Motions, such as a Motion to Dismiss your case. Sounds like this would be a good time to have a consultation with a bankruptcy attorney in your area for more details on how to accomplish your goals. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  

You do not have to dismiss the chapter 13 case. You just have to file a motion to lift stay so that the state court can enter the final decree of divorce and divide up property.