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what is a pending civil or small claims lawsuit?

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sduves

Member
What is the name of your state (only U.S. law)? ny
if i tell someone there is a pending civil or small claims lawsuit against them, what does that mean? does it have to actually be filed? because i told a third party there is a pending lawsuit again a person because i intend to file a lawsuit, and i don't want to get sued for defamation.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? ny
if i tell someone there is a pending civil or small claims lawsuit against them, what does that mean? does it have to actually be filed? because i told a third party there is a pending lawsuit again a person because i intend to file a lawsuit, and i don't want to get sued for defamation.
If the law suit hasn't been filed, then it is not "pending"
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? ny
if i tell someone there is a pending civil or small claims lawsuit against them, what does that mean? does it have to actually be filed? because i told a third party there is a pending lawsuit again a person because i intend to file a lawsuit, and i don't want to get sued for defamation.
**A: my response is pending the actual filing of the court complaint.
 

BL

Senior Member
If the claim hasn't been filed , then it's not pending .

Look up defamation of character .
 

sduves

Member
I just clarified to this third party that the case has not yet been filed.

but if i hadn't does that constitute defamation? in ordinary usage of the word "pending" just means it is in the future. i fully intend to file a lawsuit if the other person does not do something. i said it was pending only because it wasnt filed yet and that's what i thought pending means.
 

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