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Mountain View Bankruptcy Lawyer

One of the most common reasons to seek the counsel of our Mountain View bankruptcy attorneys is budget crushing debts. Whether you are having a problem with credit cards, taxes, a car loan or home mortgage, bankruptcy can help. Struggling to pay for the basic necessities of life each month does not have to be your life anymore. The whole point of discharging debts through bankruptcy is to live a happier life and be able to pay your bills each month. Give us a call toll free at 1-877-9NEW-LIFE (877-963-9543) to schedule your free consultation.

Mountain View Bankruptcy Office
Redwood City (Main Office)
611 Veterans Blvd, #218
Redwood City, California 94063

Toll Free: 1-877-9NEW-LIFE
Fax: 650-366-4875

Free No Obligation Consultation

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When and if a creditor chooses to unfortunately file a state court lawsuit to collect a debt against you the clock is now ticking. For credit cards a creditor will file a complaint for breach of contract. In California the complaint and summons must be personally served on the defendant. It is also possible to serve the complaint by substitute service and by publication if necessary. Once the complaint and summons are served the defendant has 30 days to file an answer to the complaint. If no answer is filed, then the creditor can seek judgment by default and the judgment will be entered by the clerk of the court. The good news is that our bankruptcy lawyers in Mountain View can stop the lawsuit and discharge the debt owed by filing for bankruptcy protection.

Once a creditor has obtained a judgment they can then enforce the judgment by garnishing wages, levying on bank accounts and attaching a judgment lien on real property. It is not free for a creditor to enforce the judgment. Sometimes the creditor will request judgment debtor’s examination and have the court order the defendant to appear and answer questions about their assets and ability to pay the judgment. If a defendant fails to appear the court may issue a bench warrant for the arrest of the defendant. It is more common for a creditor to obtain an abstract of judgment and record the judgment with the county the defendant may own property. If the defendant does own real property then the judgment lien attaches to that real property. Another way to enforce the judgment is to garnish wages. The creditor will have to obtain a writ of execution from the court. Once the writ of execution is issued by the court, the creditor will then obtain an earnings withholding order. If the defendant has bank accounts at that bank, the funds in the bank will be taken by the levying office, usually the sheriff department’s civil enforcement division. To reduce the amount or stop the garnishment of wages a claim of exemption can be filed. There is no guarantee you will be able to reduce the amount of the garnishment. The instructions for claiming an exemption should be with the documents your employer provides to you once they receive the earnings withholding order from the judgment creditor.

The good news is that filing for bankruptcy protection with our Mountain View bankruptcy attorneys will prevent a creditor from obtaining a judgment. As soon as you are served with the summons and complaint you should seek the counsel of bankruptcy lawyers in Mountain View. Time is of the essence once you are served. Filing an answer to the complaint will prevent the creditor from obtaining a judgment by default and delay the entry of judgment. If you do not have a defense to the lawsuit, and can prove it, eventually the credit will obtain a judgment one way or another. It is possible to settle debts with lump sum cash payments. The problem is you have to have the cash to make it work and you need to settle all of your debts. It will do you little good to settle one debt and then get sued by another creditor. Our bankruptcy lawyers in Mountain View and bankruptcy attorneys in Mountain View are available to provide you with the answers to your questions during your free consultation.