 |
|
|
 |
New Member
|
|
Feb 4, 2011, 02:24 PM
|
|
|
How long can a person be able to sue another...
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...
|
|
|
 |
Uber Member
|
|
Feb 4, 2011, 02:58 PM
|
|
|
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.
|
|
|
 |
Computer Expert and Renaissance Man
|
|
Feb 4, 2011, 05:25 PM
|
|
|
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.
|
|
|
 |
Expert
|
|
Feb 4, 2011, 07:45 PM
|
|
|
 Originally Posted by JudyKayTee
...
If it is within that time frame, yes, you can sue even if the person is filing in bankruptcy. ...
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.
|
|
|
|
Uber Member
|
|
Feb 5, 2011, 08:22 AM
|
|
|
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...
|
|
|
|
Expert
|
|
Feb 5, 2011, 08:39 AM
|
|
|
Originally Posted by JudyKayTee
...And then there's the "trying for years" sentence ...
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.
|
|
|
|
Uber Member
|
|
Feb 5, 2011, 11:03 AM
|
|
|
If ANYONE would clarify, even occasionally, it would be nice. I am going to buy myself a crystal ball. You're on your own.
|
|
|
| Question Tools |
Search this Question |
|
|
|
Add your answer here.
Check out some similar questions!
Is it too late to sue a person who stole $35,000.
[ 1 Answers ]
Approximately 4 1/2 years ago, our contractors helper stole my jewelry worth approximately $35,000. The jewelry was not insured and the helper "skipped town". The contractor was moving to the U.S. so he had cancelled his insurance. He has returned to Ontario now and he has started the company...
Trying to sue, but can't find the person?
[ 4 Answers ]
I am trying to sue my ex-roommate for unpaid rent. One day she packed up her stuff and left and I can't find her now. How do I take her to court if I don't know her new address? I have her phone number and she sent me a letter recently from a P.O. Box.
Laws on adultery in Louisiana, can I sue the other person
[ 5 Answers ]
Can I sue the other person for adultery in the state of Louisiana?
This person pursued my husband for many years, and when she finally got him to have sex with her, he told her that he loved me and would never be with her, so she planned a pregnancy to get pregnant so she would have him hook...
View more questions
Search
|
