Plano, TX asked in Banking, Civil Litigation and Identity Theft for Texas

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.

1 Lawyer Answer
James L. Arrasmith
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  • Business Law Lawyer
  • Sacramento, CA

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.

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