Users' questions

Can a creditor file a lawsuit on behalf of an estate?

Can a creditor file a lawsuit on behalf of an estate?

The executor may also file suit on behalf of the estate for various reasons, including wrongful death or determination of the nature of a creditor’s claim or an heir’s gift. Executors must file these types of suit in civil court, not probate court, and if the lawsuit is successful and he recovers money, the money goes into the estate.

Can a court issue a default judgment against you?

For instance, a statute of limitations may prevent a creditor from collecting funds you owe them, after a set number of years. But that same creditor may initiate a lawsuit against you—hoping that you’ll ignore it—thus allowing them to receive a default judgment against you.

How are civil lawsuits lead to better safer law?

They look for trends in lawsuits suggesting problem officers, units and practices, and they review the evidence developed in the cases for personnel and policy lessons.

When did the McDole family file a lawsuit?

[4] In March 2016, McDole’s family filed a civil lawsuit against the city of Wilmington and its police department, alleging that the officers had violated “use of force” policies, had no justification for such “grossly excessive and wanton lethal force” and that the shooting was racially motivated. [5]

Who is the plaintiff in a civil lawsuit?

A civil lawsuit is a legal action brought in a court by a person who is called the plaintiff. Generally, a lawsuit has one plaintiff who asserts one or more claims against one defendant.

Who is an intervener in a civil lawsuit?

An intervener is a person who intervenes or voluntarily joins in a lawsuit that is pending between the plaintiff and the defendant. The court has to grant the intervener permission to join the lawsuit. In order to be part of the lawsuit, the intervener has to show that he or she has some right or interest in the lawsuit.

They look for trends in lawsuits suggesting problem officers, units and practices, and they review the evidence developed in the cases for personnel and policy lessons.

What happens if I ignore a default judgment?

Updated February 08, 2019. Before a person or a company to whom you owe money can win a judgment against you, they must first file a lawsuit in court. If you ignore the lawsuit, the court will enter an automatic judgment against you, known as a default judgment. Of course, even if you file an answer to the lawsuit, you can still lose the case.