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im being sued by a franchise corporation. I had to let go

 
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  • Answered by:WebLaw
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Customer Question

i'm being sued by a franchise corporation. I had to let go of the Franchise due to no money and clients to keep the store running. I asked for assistance from the Franchise Corp, but nothing was given. I'm not being sued and I have no money to pay. I need assistance and guidance as to what I need to do to respond.

 

Optional Information:
State/Country of Question: California

Already Tried:
The law suit is in Orange County California. I've tried the legal help, but have been unsuccessful, I need to respond before the 30 days and I'm getting nervous. Please help.

Submitted: 1023 days and 10 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Expert:  WebLaw replied 1023 days and 10 hours ago.

Hello,

Do you want to defend the action? Do you have other debt issues and want information on bankruptcy?

Customer replied 1023 days and 9 hours ago.

I don't know how to defend the action, other than to file for a bankruptcy. I've contacted an attorney for a bankruptcy however, he indicated I need to wait another month due to the fact that Federal Taxes weren't being taken from my check. In the meantime I don't know what to do regarding my responds for the lawsuit. Please, Please help me and guide me with assistance as to what I need to do.

Customer replied 1023 days and 9 hours ago.

I feel time is ticking and I need to respond to the lawsuit. I don't want to lose my house or my car, I feel that If I don't respond my property is at jeopardy from what the summons says.

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Expert:  WebLaw replied 1023 days and 9 hours ago.

Hello,

If you fail to answer the complaint, a default judgment can be entered against you . The judgment can then be used to execute on your assets.

Paying your taxes is not a prerequisite to filing bankruptcy.

Here is some information that you find helpful.

As an individual, there are two types of bankruptcy available. A Chapter 7 and a Chapter 13. There are distinct differences in between a Chapter 7 and a Chapter 13 bankruptcy.

 

A Chapter 7 bankruptcy could discharge (erase) all of your unsecured debt such as credit cards, judgments and personal loans. It would be an opportunity for a fresh financial start. However, you may have to surrender assets, if any, that exceed your exemption.

 

A Chapter 13 bankruptcy is a repayment plan for an individual. It may require that you repay some of your unsecured credit card debt over a 3 -5 year period. However, you may retain assets that exceed your exemption.


Here are the exemptions for California:
http://www.bankruptcyinformation.com/CA_exemp.htm

 

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,
FLAandNYLAWYER

Customer replied 1023 days and 9 hours ago.

Being that I have been claiming except for the past 6 months, I could still file for bankruptcy Chapter 7? Please advise, because thats the way I've been thinking of doing, since I don't have the money to pay for the lawsuit. Do I need to find another bankrupcy attorney then. Becasue the one I seeked advise from indicated I needed to change my withholdings to Single and 2. Your responds is greatly appreciated it. Please help me.

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Expert:  WebLaw replied 1023 days and 9 hours ago.

Hello,

You will want to meet with another bankruptcy attorney. The number of exemptions claimed on your withholdings does not appear relevant.

Customer replied 1023 days and 9 hours ago.

i'm sorry for being so ignorant however, your advise is greatly appreciate it. Being I've been withhold exempt for the last 7 months does not matter on whether I can file bankruptcy or not.

Accepted Answer

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Expert:  WebLaw replied 1023 days and 9 hours ago.

Hello,

No it does not affect whether you can file bankruptcy. However, you will want to meet with local bankrupcy counsel to review your situation in detail. There may be a reason apart from the bankruptcy that the other lawyer was concerned about.

Expert TypeAttorney
Pos. Feedback: 98.5 %
Accepts: 7729
Answered: 8/2/2009

Experience: 25 years of private practice

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