state laws vary. It can be dismissed by the appointed judge or the trial will be required to continue, without a verdict being rendered. or perhaps even the defendant being pardoned if they were held liable/found guilty.
If the SOL has expired there is nothing a creditor can do unless a lawsuit was filed before the SOL expired, which happens quite often. Simply because the SOL has expired does not mean the debtor will not be sued at some later date, most courts have a backlog of cases and the average time for a lawsuit to reach court is fifteen months from filing, usually longer. Even if the SOL has expired a creditor/collector may still attempt a lawsuit, it is up to the defendant/debtor to present the SOL defense, the court will not accept it as being an automatic dismissal of the case.
If there is a lawsuit that benefits the estate, the estate will have to be reopened. The creditors can make their claims. The court should not have a problem reopening it in this instance. The creditors can force it as well.
If it is still within the statute of limitations for a civil suit. In most places that would be long after the event and past the ability to bring a lawsuit.
You can still file a lawsuit. Convicted felons currently serving in prison are still able to file lawsuits.
What you are asking about is a statute of limitations. If a creditor files suit after the statute of limitations has ended, you can file a motion to dismissed based on the expired statute of limitations. The length of the statute of limitations depends on the state and the type of claim they'd be filing against you.
Yes, it is still collectible. The only issue would be whether your state's statute of limitations serve as a defense to any collection lawsuit.
Yes. He was named as a defendant in a L.A. Superior Court lawsuit on 5/20/09. www.deadlinehollywooddaily.com
Yes, a charge off does not prevent a creditor or collector from filing a lawsuit against the debtor to recover debt owed. However, all states have statute of limitations that establish the time period in which a creditor may file a lawsuit.
If you get your license, you are still going to have to go to court. The court hearing is for when you did not have your license.
You go to court and do what the court orders you to do. Even though it is a year old you still have charges against you.
Not if you go to court! They cannot garnish your wages without going to court to get a judgment. If you fail to show up in court and simply tell the court that the debt is outside the statute of limitations, then you may have a judgment against you. And yes they can garnish your wages if a judgment has already been awarded. So go to court if it goes that far and immediately ask that the case be dismissed based on the statute.
Murder has no statute of limitations, therefore charges can still be brought. Under most circumstances, the courts would certify the individual as an adult and the charges would be heard in criminal court, as any other murder.