Facing a Lawsuit in Utah?
Bankruptcy Can Be Your Strongest Defense.
It could be a knock on the door from a process server or an official-looking envelope in the mail. Your stomach sinks as you read the words: you are being sued.
A creditor lawsuit isn’t just a piece of paper; it’s a direct threat to your financial survival. It’s the first step a creditor takes to legally seize your wages, freeze your bank accounts, and place liens on your property. The pressure can feel overwhelming, leaving you feeling powerless and unsure where to turn.
But being sued is not the end of the story. You have powerful legal rights.
For over 40 years, the team at Rulon T. Burton & Associates has been the trusted name Utah residents turn to when they need to stop a creditor lawsuit. We understand the complexities of the legal system and have helped thousands of clients protect their income and assets. Before assuming the worst, know that there is a legal path to stop the lawsuit and regain control.
This page explains how a bankruptcy lawsuit unfolds in Utah and, most importantly, reveals the single most powerful tool you have to stop it cold.
How a Creditor Lawsuit Works (and What's at Stake)
When you fall behind on payments, a creditor’s final step is often to file a lawsuit to collect the debt. The process is designed to be fast and often results in a “default judgment” if you don’t respond correctly and on time.
A judgment is a court order that gives the creditor immense power. With it, they can pursue aggressive collection actions, including:
- Wage Garnishment: Legally taking a significant portion of every paycheck before you even see it.
- Bank Levy: Freezing your bank account and seizing the funds to pay the debt.
- Property Liens: Placing a legal claim on your home or other property, which can prevent you from selling or refinancing until the debt is paid.
Trying to fight a lawsuit on your own is complex and risky. Understanding the process is the first step, but taking decisive legal action is the only way to truly protect your financial future.
Your Most Powerful Tool to Stop a Lawsuit Instantly
You have an incredibly powerful legal tool that can STOP a creditor lawsuit in its tracks, even if a judgment has already been entered against you.
Filing for Chapter 7 or Chapter 13 bankruptcy immediately halts all lawsuits.
The moment we file your case, a federal protection called the Automatic Stay goes into effect. This is a binding court order that legally forces creditors to cease all collection activities, including any and all legal proceedings against you. It provides immediate and powerful protection.
Here’s how filing for bankruptcy with the Rulon T. Burton team provides complete protection from a bankruptcy lawsuit:
- Stop the Lawsuit Immediately: The Automatic Stay freezes the lawsuit at whatever stage it is in. The creditor is legally barred from moving forward.
- Prevent Garnishments and Levies: If a creditor has already obtained a judgment, the Automatic Stay stops them from taking your wages or the money in your bank account.
- Eliminate the Underlying Debt: In most cases, the debt that the lawsuit is based on can be completely discharged (wiped out) in bankruptcy, providing a permanent solution.
- Protect ALL of Your Assets: The Automatic Stay protects not just your wages but also your home, car, and other property from collection actions.
What About Lawsuits During Bankruptcy?
While rare, sometimes a creditor may file a specific type of bankruptcy lawsuit called an “adversary proceeding” after you have filed. This happens when they try to argue their specific debt should not be discharged.
Our team is not just experienced in filing bankruptcy; we are seasoned litigators. We are fully prepared to defend your rights within the bankruptcy court system. We understand the specific rules and procedures of these challenges and will be by your side every step of the way, fighting for the best possible outcome.
Bankruptcy is not about giving up. It is a strategic legal tool designed to protect your essential income and assets while creating a financial fresh start.
Time is Critical—Act Now to Protect Your Paycheck
Unlike other financial problems, a lawsuit operates on a strict legal timeline. Every day you wait, a creditor gets closer to obtaining a judgment and gaining the power to take your money. Once a garnishment starts, it can be devastating.
The team at Rulon T. Burton & Associates combines decades of experience with a thorough knowledge of Utah law and a genuine commitment to helping you.
Your initial consultation is completely FREE and confidential. We will review the lawsuit against you, explain your options in clear terms, and show you exactly how we can protect you, your income, and your property.