Car repo 4 years ago and is now being sued can I file bankruptcy on that? 32 Answers as of April 30, 2013

It’s been turned over to law office and have been served papers need to know what to do?

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Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Yes.
Answer Applies to: Indiana
Replied: 4/30/2013
Gateway Legal Group | Christian J. Albut
Yes, you can file a bankruptcy on a lawsuit that was filed on the remaining balance of a repossession.
Answer Applies to: California
Replied: 4/16/2013
Ray Fisher Law Offices
Ray Fisher Law Offices | Ray Fisher
Yes, but it sounds like you may be close to the statute of limitations running on that. You should see a lawyer right away.
Answer Applies to: Texas
Replied: 4/10/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You can file on that. If you last paid more than 4 years ago see a lawyer about a violation of the fair debt collection practices act. The statute of limitations in California is 4 years.
Answer Applies to: California
Replied: 4/10/2013
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
There is a statute of limitations that applies when the debt is more than 4 years old. You must answer the lawsuit and raise the defense. Or you can file bankruptcy.
Answer Applies to: California
Replied: 4/10/2013
    Guardian Law Group PLLC
    Guardian Law Group PLLC | C. David Hester
    You can have that discharged under bankruptcy, but not just that. All unsecured debts would be discharged and you would decide how to handle the secured debts.
    Answer Applies to: Utah
    Replied: 4/9/2013
    The Northwest Debt Relief Law Firm
    The Northwest Debt Relief Law Firm | Thomas A McAvity
    You can absolutely file bankruptcy and eliminate the deficiency on the repo.
    Answer Applies to: Oregon
    Replied: 4/9/2013
    Tony M. May Attorney At Law
    Tony M. May Attorney At Law | Tony M. May PC
    Yes, you can file bankruptcy to get rid of this debt. By now, the debt will have likely doubled due to interest and attorneys' fees. You should contact a bankruptcy lawyer and ask for a free consultation. Most law firms that do bankruptcy, including my firm, provides potential clients with a half hour free consultation. This way, you can see whether or not bankruptcy is right for you and which type of bankruptcy best meets your needs.
    Answer Applies to: Nevada
    Replied: 4/9/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Chapter 7 bankruptcy will get rid of that
    Answer Applies to: New York
    Replied: 4/9/2013
    Shur Law Co., LPA
    Shur Law Co., LPA | Tonya VanBenschoten
    You should discuss your particular case with a bankruptcy attorney, but yes most likely you can include it.
    Answer Applies to: Ohio
    Replied: 4/9/2013
    Graves Law Firm
    Graves Law Firm | Steve Graves
    If you qualify otherwise, and you probably do, you can discharge the car wreck claim. See a bankruptcy lawyer.
    Answer Applies to: Texas
    Replied: 4/9/2013
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Yes
    Answer Applies to: Michigan
    Replied: 4/9/2013
    Stittleburg Law Office
    Stittleburg Law Office | Bernd Stittleburg
    Yes, you can file bankruptcy on this type of debt. You need to see a bankruptcy attorney to make sure you are eligible to file bankruptcy first though.
    Answer Applies to: Georgia
    Replied: 4/9/2013
    SmithMarco, P.C.
    SmithMarco, P.C. | Larry P. Smith
    First of all, read that summons carefully. It provides you deadline as to when you must appear at the courthouse (either in a courtroom or just to file an answer with the clerk's office - the summons will tell you that too). If you do not appear, you will be held in default, the creditor will have a judgment against you, and then they are able to take measures to secure funds to pay that judgment, such as wage garnishment or asset/bank account seizure. So the most important thing is not to ignore what was delivered to you, and respond in court to this. There are law firms out there (such as ours) that provides defense to these cases. Next, the issue you bring up of bankruptcy. It may be an option, I do not know. I would have to review your financial situation to see if you would qualify to file. If it is an option, the bankruptcy would put a hold on this lawsuit and force the creditor to attempt to secure whatever funds they can through the bankruptcy estate. This is something which would have to be acted upon rather quickly as you have a court case looming. Filing your appearance in the court case and properly following it can buy you some time to deal with looking into bankruptcy as an option.
    Answer Applies to: Illinois
    Replied: 4/9/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    If you are eligible to file then it can be discharged in a Chapter 7.
    Answer Applies to: Delaware
    Replied: 4/9/2013
    Troutman & Napier
    Troutman & Napier | Gregory A. Napier
    When you file bankruptcy, all debts existing at the time of filing are to be included. Not only can it be included; it must be included.
    Answer Applies to: Kentucky
    Replied: 4/9/2013
    Philip R. Boardman, Attorney at Law
    Philip R. Boardman, Attorney at Law | Phil Boardman
    Filing a bankruptcy will absolutely stop all of that.
    Answer Applies to: Virginia
    Replied: 4/9/2013
    The Law Office of M Grater LLC
    The Law Office of M Grater LLC | Mark O. Grater
    Once a car has been repossessed, the amount of money owed on it is an unsecured debt and thus is discharged in bankruptcy as if it was a credit card.
    Answer Applies to: Connecticut
    Replied: 4/9/2013
    Debt Relief Law Center | Roger J. Bus
    Yes, that would be a dischargeable debt in Chapter 7.
    Answer Applies to: Michigan
    Replied: 4/9/2013
    Bordeaux Law, P.C.
    Bordeaux Law, P.C. | Clifford Bordeaux
    Yes.
    Answer Applies to: California
    Replied: 4/9/2013
    The Law Office of Marvin Wolf
    The Law Office of Marvin Wolf | Marvin Wolf
    Bankruptcy will discharge deficiencies on automobile repossessions.
    Answer Applies to: New Jersey
    Replied: 4/9/2013
    Weekes Law, PLLC
    Weekes Law, PLLC | Russell B. Weekes
    Debt that was not fully satisfied by repossessing a vehicle and selling it is called a deficiency. Lenders can pursue the deficiency during the statute of limitations period. The deficiency is unsecured debt and may be discharged in a chapter 7 or chapter 13 bankruptcy.
    Answer Applies to: Utah
    Replied: 4/9/2013
    Connaghan Newberry Law Firm
    Connaghan Newberry Law Firm | Tara D. Newberry
    Contact a consumer protection attorney. If the repossession was not done properly, you may be able to defend the lawsuit rather than file for bankruptcy, and may be entitled to damages. Keep any and all correspondence from the creditor, repo company & law firm, including all envelopes. Take your documents to a consumer attorney to look for violations of consumer law.
    Answer Applies to: Nevada
    Replied: 4/9/2013
    Davis Law SC | D. Nathan Davis
    If it has been more than 3 years since the car was repossessed, you probably can defend the suit on the basis that the Statute of Limitations has run. This is a defense that must be raised in an answer. You need to see an attorney at once as you only have 30 days to respond to the complaint. If you do this, you should not need to file a bankruptcy unless you have other debts. An attorney can advise you if you would be better off defending this lawsuit or filing a bankruptcy.
    Answer Applies to: South Carolina
    Replied: 4/9/2013
    Wajda Law Group, APC
    Wajda Law Group, APC | Nicholas M. Wajda
    The type of debt that you are referring to is dischargeable as a regular unsecured debt. The fact that they have a now filed a lawsuit against you has no effect on the discharge-ability of the debt; it just means that you need to make a decision on what you are going to do quickly so you can avoid bank levies and/or garnishments of your wages.
    Answer Applies to: Nevada
    Replied: 4/9/2013
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    File BK. That debt can be discharged in bankruptcy.
    Answer Applies to: California
    Replied: 4/9/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Yes you can include law suits and auto loan deficiencies in bk.
    Answer Applies to: Nevada
    Replied: 4/9/2013
    Law Offices of A. J. Mitchell, LLC
    Law Offices of A. J. Mitchell, LLC | A. J. Mitchell
    A bankruptcy filing can take care of that. If you can meet the qualifications for a Chapter 7, that would be best way to go.
    Answer Applies to: Georgia
    Replied: 4/9/2013
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    Yes. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
    Answer Applies to: Arizona
    Replied: 4/9/2013
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