If someone owes you money, you can not put a notice on their credit report of an upcoming lawsuit. A judgment must be entered in court, before it can be reported to a credit report.
A judgment is awarded after a lawsuit has been won. If this is an issue of paying a defaulted debt before the lawsuit is heard then it is quite possible . The majority of lawsuits of all types are settled out of court. Of course it is always at the discretion of the plaintiff on how they wish to handle the issue.
That's at the discretion of the party who won the lawsuit and had the judgment enforced. In general creditors are only open to a settlement/payment agreement before a lawsuit is undertaken.
Not if the judgment was obtained before the statute of limitations for the debt expired. The statute of limitations requires that a lawsuit be filed on the claim before the limitation runs out. While it might prevent the plaintiff from getting the judgment, but it does not invalidate the judgment.
A civil suit after a judgment is obtained but not before can definitely result in a garnishment of the judgment debtor's salary. That is one of the most widely used methods of collecting on a judgment when the debtor does not have assets from which to pay the debt.
Simplified version: File a lawsuit, win the suit, receive a writ of judgment, execute the judgment as a wage garnishment against the debtor/defendant. The average length of time from the filing to the hearing of a creditor vs.debtor lawsuit is 15 months.
motion for summary judgment, which dismisses the case if there are no genuine issues of material fact to be resolved, and one party is entitled to judgment as a matter of law.
Winning a lawsuit will have no impact on your ability to file for Chapter 7 bankruptcy. If you are a judgment creditor, the judgment might become an asset of the bankruptcy estate and the bankruptcy trust might choose to sell the judgment or enforce the judgment for the benefit of your creditors.. if someone files bankruptcy on as credit card does that a third party has charged on and the debt is cleared dose the third party continue paying for a debt that is no longer there
If the lawsuit was filed before the expiration of the state's SOL then the suit is valid and a judgment award would be valid and could be executed against the debtor according to the laws of the debtor's state.
Other than paying the debt, the only method for having a judgment quashed is to prove that it is invalid due to the content or the method in which the named person(s) was notified. Unlike the lawsuit summons itself, a debtor must receive and acknowledge the receipt of a final judgment notice before the judgment can be enforced.
If the court has not finalized the divorce, you are still married. Getting married to someone else before it is cleared is bigamy.
Before initiating a lawsuit, it is quite common for an attorney to perform an asset search.Threatening a lawsuit is always considered to be in good form.
The "starting date" of the judgment is the date the court rules on it and it is filed as decided. However, if the collection limit expires before the court rules on the account, the court may--if they are made aware of the fact--rule in favor of the debtor. Keep in mind that prejudgment, this limit is seven years from the date of last payment.