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Dealing with a Lawsuit and Judgment in Montana

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The credit card bills keep piling up and piling up and piling up. You fall behind in payments and soon the phone calls start. Then comes the lawsuit, typically initiated by a process server who comes to your home or work and hands you the summons and complaint. At this point you can choose to respond to the compliant or close your eyes and pretend you never saw it (this option will not make the problem go away, it will only make it more difficult to fix your debt problems.)

After you’ve been served, you have 21 days to respond to the complaint by filing an answer or other papers. If you choose to ignore the lawsuit, the court can order a judgment against you after the 21 days have expired. The debtor/collector can then exercise several rights to satisfy its judgment, usually through wage garnishment (up to 25% of your income), a judgement lien or levying bank accounts.

Either way, you are going to need a experienced, certified lawyer. A certified bankruptcy lawyer may be able to set aside the default judgement and stop wage garnishment or request that it be adjusted. If there are defects in the complaint, then a bankruptcy lawyer is your key to getting the case dismissed or forcing the creditor to do it the right way.

Filing bankruptcy can help you avoid a judicial lien. With Bankruptcy comes the Automatic Stay, which stops all collection activities, including wage garnishment, the moment you file.

If you are facing a judgement or lawsuit, contact Cossitt Law immediately. You cannot afford to ignore a judgement. The sooner you act, the better the chance of a positive outcome.

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