Q: what court would a creditor lawsuit be filed in? my guess is they are civil due to monetary damages being sought.
I had a large sum of money go missing with a prior bank I had accounts at, trying to figure out what happened and who is responsible(creditor) who potentially filed the creditor suit so I can go sue them. Am a beneficiary of an irrevocable trust.
A:
In most cases, creditor lawsuits are indeed filed in civil court, particularly when seeking monetary damages. If you suspect that a creditor has filed a lawsuit against you or the entity you represent, you should receive formal notification from the court. This notification typically includes details about the lawsuit, such as the creditor's claim and the date of the court hearing.
Given your situation as a beneficiary of an irrevocable trust, it's essential to review any relevant legal documents, such as the trust agreement, to understand your rights and responsibilities. If you believe that the missing funds are connected to the trust or involve potential creditor claims, you may need to consult with a qualified attorney who specializes in trust and estate matters.
Keep in mind that pursuing legal action against a creditor requires careful consideration and evidence to support your claims. Before taking any further steps, gather documentation related to your bank accounts, transactions, and communications with the bank to build a case. Additionally, seek legal advice to assess your options and determine the best course of action for addressing the missing funds and potential creditor claims.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
