Q: Civil Defendant insolvent.Does it help to communicate that with Plaintiff so they will not pursue judgement?
What are usual odds for this that Plaintiff drops case since it cant collect ever anyway?
A: They will not drop it in all likelihood as they know they can get the judgment if it is legitimate and then hound you and or hold it over you for the next 10-20 years unless you file for bankruptcy. Your best bet is to show up and try to fight them if you have any defenses or if they cannot prove the debt or if the Statute of Limitations has expired, etc. Once they have gotten to this point they are not going to believe or care and will just pursue it to end and get the judgment if they can. While you may not have anything now, you may in 2, 5, 10 years or you may inherit something or your circumstances may change financially somehow, that is what they count on to some degree and then of course harass you for an eternity it seems like.
Terrence H Thorgaard agrees with this answer
A: Not likely they will drop it. Best to hire attorney and see about negotiating a settlement permanently.
A: Some plaintiffs will drop their case (or agree to settle very low) upon proof to them of the defendant's lack of assets, such as production of bank account statements, wage records, etc., BUT the danger in making such production is that you will have given all the plaintiff needs to know to garnish your bank account or wages if plaintiff decides NOT to drop the case and then obtains a money judgment against you. On the other hand, if you are sure you will lose your case, you'll eventually need to turn over that data anyway if you don't pay the judgment. At that point, the plaintiff may give up or may keep checking up on you for the next 20 years to see if you are good for it later. If I were you, I wouldn't make a move without scheduling a consultation with an attorney.
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