When you’re sued on an old debt, it’s easy to imagine appearing on the court date to tell the judge your side of the story. You imagine the judge considering your argument and challenging the other side to prove otherwise. It’s a comforting image, but it will never happen if you haven’t taken the first […]
5 Things To Do When You Have Been Sued
The ring on the doorbell was a process server. Bingo! You’ve been sued. Now what? Breathe deeply and work your way through this five step check list. Then I’ll suggest some options. The details in this post are based on California law. The basic principles of notice, answer, and trial apply everywhere. Scout the territory […]
What If You Ignore That Lawsuit Against You
How do you ignore a lawsuit and expect a good outcome? Yet twice in the past few months, individuals have come to me with judgments already entered against them. That’s not noteworthy; after all, I’m a bankruptcy lawyer. We deal with unpaid judgments. But both of these men explained the situation this way: the claims […]
All You Need To Know About Bankruptcy Stay & Pending Litigation
When a trial date looms, bankruptcy may look better and better to a defendant. Bankruptcy can be the emergency exit from a bad situation that is about to get worse. That’s because every bankruptcy case comes with an automatic stay . That’s a federal court injunction automatically entered when a bankruptcy case is filed, protecting the […]
What Litigators Need To Know About Bankruptcy
Civil litigation often decides who owes what to whom. Bankruptcy law can impact ongoing litigation and what happens thereafter to those who owe. And to those to whom money is owed. So it behooves litigators to have a good grasp on how bankruptcy works. If you’re defendant’s counsel, you want to assess your client’s options should […]