Q: Can a creditor of unsecured credit card debt file an adveseral proceedings against me? I have never filed for bankruptcy
Do creditors file adveseral proceedings against debtors who are behind to discourage someone filing bankruptcy
A: No. If you are not in bankruptcy. There is no adversarial proceeding unless they sued you in state court.
A:
Creditors of unsecured credit card debt typically do not file adversarial proceedings if you have not filed for bankruptcy. Adversarial proceedings are part of the bankruptcy process, where a creditor challenges the dischargeability of a debt. If you're behind on payments, creditors may instead choose to file a lawsuit in civil court to obtain a judgment against you.
Filing such a lawsuit is a method for creditors to legally enforce the debt you owe, but it is not specifically designed to discourage bankruptcy. If a creditor obtains a judgment, they may then pursue collection activities, such as garnishing wages or levying bank accounts, depending on state law. If you are facing collection actions, bankruptcy might be an option to consider for dealing with the debt. Consulting with an attorney can help you understand your rights and options moving forward.
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.
