Help (need advice on fileing)

[shockers]

1. 35 years old and live at home( I do not pay rent)
2. I make about $1200 a month
3. I owe about $ 1100 a month in debt
should i file or just let them sue me

[Nowwhatohio]

Talk to a lawyer. It's never a good idea to get sued (and get a judgment against you) because then if you do decide to file for bankruptcy it will survive a discharge.

[keepmine]

because then if you do decide to file for bankruptcy it will survive a discharge.

This isn't correct. If the debt that created the judgment is dischargable, so is the judgment.
Now post bk, you'll have some work to do to try and get the judgment vaacated if you so choose but, the creditor can't try and collect on it.

[Nowwhatohio]

Let me clarify, "it" refers to the judgment on your credit report. You are also incorrect, "judgments" on a case are not dischargeable if you are using the term in a legally correct sense and not refering to the amount awarded to the plaintiff in a contract claim. It takes a lawsuit and some fancy lawyering to get a judgment vacated.

Also, if the complaint alleges fraud and you don't answer it it will form the basis for a non dischargeability action in your BK should you file and you won't be able to contest the facts of the case.

[keepmine]

Let me clarify, "it" refers to the judgment on your credit report. You are also incorrect, "judgments" on a case are not dischargeable if you are using the term in a legally correct sense and not refering to the amount awarded to the plaintiff in a contract claim. It takes a lawsuit and some fancy lawyering to get a judgment vacated.

Also, if the complaint alleges fraud and you don't answer it it will form the basis for a non dischargeability action in your BK should you file and you won't be able to contest the facts of the case.

What on earth are you talking about? The woods are full of people who've had judgments vacated post petition.
The balance of your post is just nonsense.

[Nowwhatohio]

No need to be rude. So are you saying it's good to go ahead and get sued before bankruptcy and have a judgment against you alleging among other things fraud and not answering the lawsuit which forms the basis of an adversary proceeding? Having not answered and thus not preserving your right to challenge the facts as stated in the complaint of the previous lawsuit during your bankruptcy.

[keepmine]

Personally. I'd file bk before I got sued. Heck, that's exactly what I did.
The OP posted something like 4 lines. It's hard to figure out what is happening with his situation. If he has been served, he needs to either defend or, file bk.
If he hasn't been sued, his time will be better spent increasing his income and getting in a position to support himself.
If this is simple cc debt, allegations of fraud don't rise to the level needed to win an adverserial proceeding. It's not illegal to not pay your bills. Many here and on other sites have included default judgments in bk proceedings with no issues.

It's another matter to obtain credit by making false statements on a credit card or loan application.

[Nowwhatohio]

I guess I was talking about best practices too - if you're getting sued defend or file BK.

I was also assuming the CC throws in claims of fraud on the credit app (he lives at home, maybe income was fudged) - and assuming the OP doesn't respond the fraud charge is in the default judgment which makes it tricky for a BK attorney should the CC file an non-dischargeability complaint.