Legal Question in Credit and Debt Law in Kansas
Law suit from a creditor accusing my husband of fraud
We are being sued for the amount of a loan and the bank is accusing us of fraud. My question is, If we go ahead and settle the case by agreeing to pay the loan off either by lump sum or by lump sum with pymts--is there away to not admit guilt to fraud or not have it go criminal. Is it more likely that they just want it to be paid off.
1 Answer from Attorneys
Re: Law suit from a creditor accusing my husband of fraud
You will probably want to include the bank's representation that it has not reported or otherwise filed a criminal complaint with any law enforcement agency or prosecutor's office, and condition the settlement on the bank's agreement not to do so in the future as long as the payment schedule is satisfied. You will also need to request that the bank dismiss the civil case with prejudice, or obtain a Satisfaction of Judgment if they obtain a judgment, once the settlement is completed.
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