Q: If I am filing for bankruptcy for a lawsuit from a car accident that I was at fault, do I have to respond to the summon?
I received a summons last month and I am in the process of filing for bankruptcy. Do I have to send an answer stating that I am filing for bankruptcy? Or do I not have to answer it?
A:
The answer to your question depends upon the facts. You generally would want to respond to the summons and complaint, as you do not want a judgment entered against you. While that judgment under Wisconsin law can be satisfied after you receive a bankruptcy discharge, I am not sure that you are ready for filing, or that you even need to file.
I strongly recommend you have an attorney review the summons and complaint. You should also have your attorney review your financial situation.
Many of our clients who will likely oh as the result of a car accident are able to avoid liability and resolved those accident claims without bankruptcy. I do not know your financial situation, so I do not know if the accident claims should be settled, dismissed without payment, or if you should proceed with the bankruptcy.
A: If you have filed you do not have to respond. If you have not yet filed you may want to respond so that you do not get a default judgment against you.
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