Friday 22 August 2014

Is there a way I can keep a lawyer office from taking me to court or trying to get me locked up for a debt I cannot pay right now?

Question

Is there a way I can keep a lawyer office from taking me to court or trying to get me locked up for a debt I cannot pay right now?



Answer

Why would you be locked up? It is not a crime to not pay a debt in most cases.

You cannot keep a lawyer from suing you on behalf of a creditor other than to enter into some kind of setlement agreement and start to repay the debt. And even in those cases, it is likely that the creditor would want you to sign what is called a confession of judgment.

If you don't have funds, the lawyer can sue you. If you have a lot of debts and, depending on your circumstances, you might want to file bankruptcy. If you don't want to file and, again, depending on your circumstances, it may make more sense to start saving your funds for resolution of the debt when you are able.

I give free email consults. If you want to provide more details as to who is suing and what for, and your circumstances, I will be able to give you better advice as to what you need to do. With proper planning, you may be able to stretch things out until you have accrued sufficient funds to resolve this debt.



Answer

You can't be put in jail for most debts (except a few like child support and criminal fines). But you can be sued.

You can avoid suit by working out a deal (in writing) with the lender (if they agree). In many cases, bankruptcy will avoid a suit too. Feel free to call me if you consider that option.



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