I was wondering if a person has been trying to sue another person for years, how long can he try to pursue this situation before he can't sue anymore, if the person he's trying to sue file bankruptcy can he still be able to sue. Please give me some ifno thanks...

Need more details to be more specific BUT the lawsuit has to be filed within a certain number of years and that number of years (the Statute of Limitation) varies by State.

If it is within that time frame, yes, you can sue even if the person is filing in bankruptcy. Of course, if the person DOES file and the bankruptcy DOES go through the person who sued will get nothing.

Once a lawsuit is filed it can go on and on until it is settled.

If the debt was discharged by the bankruptcy then the suit becomes moot.

For anything more we need more details.

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Originally Posted by JudyKayTee

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If it is within that time frame, yes, you can sue even if the person is filing in bankruptcy. ...

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If the person who would be sued files bankruptcy, the suit, or potential suit is (with certain exceptions) automatically stayed by the bankruptcy. It might be possible to file a claim or to file suit in the bankruptcy court against the bankrupt (an "adversary case"), but one should consult a bankruptcy attorney about that.

I meant even KNOWING that the person is filing for bankruptcy you can still sue. Once they have filed and you have been notified you cannot.

I can't tell if the debtor is thinking about filing, has filed - or something in between.

And then there's the "trying for years" sentence...

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Originally Posted by JudyKayTee

...And then there's the "trying for years" sentence ...

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Yes, that's a puzzle too. My first thought was unable to achieve service of process for years. Other possibility is that OP has been, for years, procrastinating about filing. If he/she would clarify, that would be nice.

If ANYONE would clarify, even occasionally, it would be nice. I am going to buy myself a crystal ball. You're on your own.