Kalispell, MT asked in Bankruptcy for Montana

Q: Do i need a bankruptcy lawyer?

I received a summon from court on Dec. 11 i have within 20 days to answer it. i apply for legal aid services but due to hollidays they are close from the 20th to 28th of Dec. I am running out of time and i haven't talk to anybody for an advice. I just really need advice on what to do. I am thinking about applying for bankruptcy but is this going to stop the lawsuit and avoid garnishment on my wages. I really can't afford them to do that due to my financial hardship.I have a 1 year old and my husband is unemployed.

Related Topics:
2 Lawyer Answers
Kevin M Ryan
Kevin M Ryan
Answered
  • Bankruptcy Lawyer
  • Loxley, AL

A: File a basic answer in court asap. Do the best you can to meet the filing deadline. This will cause the court to schedule a preliminary hearing or " pretrial" about 30-45 days later depending on the court. Find out this court date asap and make sure you appear. You will at least delay the issuance of a judgment while you find a lawyer. You may be able to enroll in the Hyatt Legal plan at work if available since January is the enrollment period. Some of these legal insurance companies pay all legal fees but not the court filing fee. Again, you can draft your answer in your own words and file it at the court where the lawsuit was filed.

1 user found this answer helpful

Kevin M Ryan
Kevin M Ryan
Answered
  • Bankruptcy Lawyer
  • Loxley, AL

A: A bankruptcy filing will immediately stop the lawsuit. The US courts have videos explaining the bankruptcy process and you can link to the videos at our website: www.ryanlegalservices.com

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.