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  1. #1

    Default Are Civil Lawsuits Put on Hold While Criminal Charges are Resolved

    I am a victim of a fraudulent civil lawsuit which is scheduled for trial in November 2014. The person who filed the fraudulent lien against me has two prejury and a fraudulent practice charge pending as the result of filing this suit against me. This criminal trial is scheduled for December 2014. My lawyer told me that when there are criminal charges connected to a civil case, the civil trial is set aside until the criminal charge is resolved. Is this true?

  2. #2
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    Default Re: Victim of a Fraudulent Civil Lawsuit

    Not necessarily but it generally can be more so if the plaintiff is the one also on trial. It is not automatic though so you would have to file to rescuedule or suspend the action until the criminal trial is completed.

  3. #3
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    Default Re: Victim of a Fraudulent Civil Lawsuit

    It would certainly appear to be to your advantage to delay the civil trial until after your accuser is convicted.

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    Default Re: Victim of a Fraudulent Civil Lawsuit

    Quote Quoting jk
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    It is not automatic though so you would have to file to rescuedule or suspend the action until the criminal trial is completed.
    From the plaintiff's standpoint the prosecutor might prefer that no lawsuit be filed until after the criminal cases is wrapped up, and it's generally much easier to sue somebody who has been convicted of a crime that constitutes the basis of the lawsuit; but once the lawsuit is filed, it's really up to the defendant to petition the court to stay proceedings, e.g., so that he won't suffer prejudice by having to decline to testify at a civil deposition in order to prevent that testimony from being used in the criminal proceedings.

    The plaintiff, having filed the action and having no rights placed at risk by its continuation, would not be in a position to petition for a stay.

  5. #5
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    Default Re: Victim of a Fraudulent Civil Lawsuit

    But you can often delay the Hell out of an action so unless the defendant is on top of what is happening the plaintiff can often effectively stay the prosecution of their own action.

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    Default Re: Victim of a Fraudulent Civil Lawsuit

    The court will issue a scheduling order early in the case, that includes a deadline for completion of discovery and for completion of motions. Both of those deadlines are crucial. The defendant isn't likely to object if you don't actively prosecute your case, because all you're doing is hurting yourself. There are also strategic advantages to seeking a deposition when a party is likely to assert privilege. If a plaintiff doesn't want to prosecute his case because criminal charges are likely, the plaintiff should delay filing. If the plaintiff files, criminal charges are subsequently filed, and the plaintiff wants to see how the criminal case turns out, the plaintiff can agree to stipulate to a defense motion for a stay -- they get the delay but with no prejudice to their case.

  7. #7
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    Default Re: Victim of a Fraudulent Civil Lawsuit

    having been a plaintiff, I can say we had no trouble rescheduling the matters as we needed. Maybe this court is more strict on their timeline but the timelines, while initially set by the courts, were always subject to modification to accommodate the needs and schedules of the various parties involved as well as due to new evidence as a result of discovery causing a setback as it required additional discovery. Given the current dates are only a month apart I would think the plaintiff could delay things that long unless the defendant vigorously argued against it.

    but yes, I fully agree with you that you should not file to prosecute a case if you don't want it to move forward.

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