Many debtors struggling financially are also facing lawsuits from creditors such as credit card companies who are trying to collect by using the court system. If a credit card company files a lawsuit against a debtor and wins a judgment, bankruptcy can stop the judgment from being enforced.
Should a debtor file bankruptcy before a creditor sues them or after a judgment is in place?
Well, it depends on a few things.
Are the credit card charges legitimate?
Do you think you can win a lawsuit against the credit card company? If so, then you may want to go the court with a qualified attorney and plead your case. But it you know that the credit card charges are legitimate and that you won't be able to win a lawsuit it's best to file bankruptcy before a credit card company wins a judgment. Although, bankruptcy will stop a judgment from being enforced a credit card company can garnish wages and bank accounts in the time period before you file bankruptcy. Don't take that chance. If you know that a credit card company is seeking to win a judgment against you, you may want to file bankruptcy immediately.
If for some reason your wages are garnished or money is seized from your bank account before you file bankruptcy, you may be able to recover that money after filing bankruptcy, if you do so immediately. Speak with a Dallas-Fort Worth bankruptcy attorney about your bankruptcy options when dealing with lawsuits and judgments.