Best Bankruptcy Attorneys in Johns Creek

Frequently Asked Questions

• Where do I file for bankruptcy in Johns Creek, Georgia?

  Residents of Johns Creek may file for bankruptcy at the Atlanta office of the United States Bankruptcy Court of the Northern District of Georgia, located in the Richard B. Russell Federal Building, United States Courthouse, 75 Ted Turner Drive SW, Atlanta, GA 30303.

• Where can I get bankruptcy forms in Johns Creek, Georgia?

  Johns Creek residents may get bankruptcy forms at the official website of the United States Bankruptcy Court of the Northern District of Georgia, which can be accessed here: https://www.ganb.uscourts.gov/forms.

• Can Johns Creek residents be jailed for not paying their debts?

  Because the state of Georgia has long since progressed from enforcing debtor imprisonment, the residents of Johns Creek cannot be jailed for failing to pay their debts. Additionally, the Fair Debt Collection Practices Act disallows creditors and collection agencies from threatening debtors with jail time. However, if a debtor is held in “contempt of court” for failing to respond to Post-Judgment Interrogatories, they may be jailed until they answer the interrogatories.

• What happens after a debt collector in Johns Creek pursues legal action?

  When a debt collector in Johns Creek sues a debtor for unpaid debts, they are filing a “breach of contract” lawsuit, which can allow them to garnish wages and bank accounts if the court awards them a judgment. They may also be allowed to record a lien called Writ of Fieri Facias, or Fi Fa, against the debtor’s property, which prevents the transfer of ownership and can be used for asset seizures.

• When is a debt in Johns Creek too old to collect?

  As per the statute of limitations in Georgia, debtors in Johns Creek are protected from legal action from creditors after six years of the date the debt defaulted or their last payment. This is shortened to four years if the debtor entered into an oral contract instead of a written one. When filing a lawsuit against debtors, creditors and collection agencies will usually need to inform debtors of the statute of limitations on their debts.

• Are divorcing couples in Johns Creek allowed to file a joint bankruptcy?

  Married couples in Johns Creek undergoing the divorce process are allowed to file a joint bankruptcy petition, so long as the divorce is not yet finalized. This includes couples with and without children, separated couples, and same-sex unions. Under Georgia law, couples filing for joint bankruptcy are allowed to double their exemptions for property and most of their assets.

• What are common bankruptcy exemptions in Johns Creek?

  Those who have resided in Johns Creek for at least two years or 730 days are allowed certain bankruptcy exemptions under state law, including up to $21,500 in equity for a homestead, $5,000 for a motor vehicle, $1,500 for the books or tools of one’s trade, and $5,000 for personal properties, with a cap of $300 for each item.