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A layperson is often at a disadvantage when defending against a debt collection suit filed by an attorney. The debtor as a defendant does not know the "rules of the game" and sometimes takes the advice or direction of court staff (who by the way should not be giving legal advice but often do.)

Talking to clients who have appeared to defend in small claim collection suits in this area (Northern Virginia, suburban Maryland and DC), I am surprised that many will meekly follow court staff instructions to come back to court on another date -- when the collector's attorney fails to show up or is late! This failing is a perfect opportunity to have the case thrown out!

You have a right to ask the court to proceed on the case. Tell the clerk that you are present and ready for the case to be called. When the case is called, proceed to the podium and ask the court to have the case "dismissed with prejudice." That very important qualifier -- "with prejudice" -- means that you are asking the court to dismiss forever.

The plaintiff can ask the court to re-instate the case later, but, for most judges, he will have to have a very good excuse, for example unavoidable illness that came on suddenly, and he will need to ask for that reinstatement very soon after the dismissal, in most cases, within 30 days.

Remember: It's the plaintiff's case. He brought it. Not you. You're present and ready to go forward. If he's not there, the law is very willing to treat him harshly.

It's a simple technique, and a very valuable one, to get rid of a lawsuit.

If you need more advice, call our law firm. We're ready to help.

Deciding whether to file for bankruptcy with your spouse or to go it alone isn’t a simple choice.
You know you can file for bankruptcy alone. And if you live in a community property state, you know your spouse gets some of the benefits of bankruptcy without filing.
But that doesn’t help you decide if you should file together or not. It’s a lot more complicated that that.
Will Your Household Benefit Financially?
A marital household is a single economic unit – at least, it should be. Money comes into the household and it combined, then expenses are paid from that pool of income.
When you file for bankruptcy without your spouse, you’re eliminating your debt problems – but only yours. Unless you live in a community property state such as California and are dealing solely with joint debts, you’re still going to need to pay your spouse’s debts after your case is over.
Is your spouse debt-free? If so, there’s no financial benefit to including him or her in the filing.
If, however, your household is still going to be saddled with significant debt afterwards then maybe it’s a good idea to “kill two birds with one stone” by wiping out all of your debts at once. Otherwise, you’re going to have to spend more of your household income on debt repayment.
Do You Need Your Spouse’s Credit?
After you file for bankruptcy, your credit will take awhile to improve.
If your spouse has excellent credit, filing for bankruptcy alone will keep you in the credit game in spite of your discharge.
That means you’ll qualify for new credit – including a car loan and mortgage – more quickly than would otherwise be possible.
Of course, this is secondary to the issue of your spouse’s debt situation. If your household is going to be left with significant debt that will drain your pockets each month then good credit may not be enough. Better to bite the bullet and get rid of the debt altogether before contemplating that new house.
How’s Your Marriage?
If your marriage is good and you live in a community property state such as California, filing for bankruptcy without your spouse may protect you from your creditors.
Remember, though, that the community discharge protections end when the marriage is over. Divorce or death of the filing spouse terminates the community discharge, and collections will continue.
Filing Separately To Hedge Your Bet
If you’re looking to stop a foreclosure, filing for bankruptcy offers a quick and simple way to accomplish that – the automatic stay. The foreclosure has to stop once your case is filed, and you can use the court-ordered repayment plan to bring the arrears current.
If, however, the repayment plan falls through then you may end up getting your case dismissed (thrown out of court). Filing again may not offer you the same automatic stay protections.
Your spouse, however, can file a new bankruptcy case and get the full benefit of the automatic stay – even if your solo bankruptcy case didn’t work out.
No Easy Answers Without Deep Analysis
Part of my job as a bankruptcy lawyer – in fact, part of any good lawyer’s job – is to ask questions that will help make the decision easier.
It’s not a quick analysis, but you’re dealing with your financial future. Getting the wrong answer could cost you a lot of money, stability, and difficulties.

Once you file for bankruptcy, there are two things that automatically occur: the automatic stay springs into effect to prevent your creditors from collecting, and the bankruptcy estate is created. The bankruptcy estate defines the nature of your assets by the date and time that you filed for bankruptcy. Money earned immediately before filing for bankruptcy is considered property of the estate, while money earned after filing your petition is not a part of the estate.The post Understanding the Bankruptcy Estate appeared first on Tucson Bankruptcy Attorney.

Star of reality television series “Dances Moms” emerges from bankruptcy, but many had no idea it was filed in the first place. Abby Lee Miller, 47, just completed her bankruptcy case after running into financial troubles that almost cost her to lose her home and dance studio in Pennsylvania. Thanks to the success of the [...]