I tried to start a local trucking company in February 2019 and had to sign a lease for a dump trailer from Peak Leasing, and after about 1 week into the company running the truck that I had purchased to run my company with continue to give me problems, causing me to keep spending money weeks at a time. So I continue to fix it trying to make extra money for myself, but ended up maxing out all my credit cards trying to keep my head above water. After 2 months of doing this my truck broke down again and then I decided to take the Insurance off it, turn my tags back into the DMV, and took the dump trailer back to Peak Leasing because I could no longer afford it. Weeks later I began to get calls from their attorney stating that I had to pay the balance on the trailer which was $52,000, now this was after I turned the lease dump trailer back to them and they (Peak Leasing) leased it to another customer and still want me to pay for it. Now on March 17, 2020 I received a call from the sheriff in my county saying that he had a Civil Summon for me.
Both my learned colleagues are correct. A Bankruptcy is the most viable solution to your problem. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
I agree with Ms. Coleman. It is very likely that a ch7 will relieve you of liability for this debt. I also agree that there a a number of excellent bankruptcy attorneys who can assist you in the Charlotte metro area. Use the find a lawyer feature here or at www.nacba.org to find a good bankruptcy lawyer or two.
Most likely, yes bankruptcy will help protect your income and your assets. There are many fine bankruptcy attorneys in the Charlotte area. Use the Find A Lawyer feature on this forum to locate one. It is important, however, that a written Answer be filed or an extension of time to answer be filed within 30 days after you are served with the Summons and Complaint in order to prevent a default judgment from being entered against you. Many consumer bankruptcy attorneys offer free consultations, and most of us are offering telephone or video conferences now due to COVID-19. Don't delay in getting your consultation completed.
