Death of Defendent Prior to answer of complaint

[a1handy]

Jurisdiction

South Carolina

I recently filed a complaint in Common Pleas against someone for defamation of character and an unpaid debt. The complaint was filed and served by law enforcement but 2 before the last date of filing an answer, the defendant committed suicide without filing an answer. Will this action survive his death? Can I file for a default judgment since he chose to end his life prior to answering the complaint? Does the fact that he committed suicide effect this action in any way as opposed to a natural death?

 

[adjusterjack]

Will this action survive his death?

Yes, but you will have to amend your complaint to include "The Estate of ______" and serve the amended complaint on the executor or representative of the estate. You can get that information from the local probate court when the estate gets submitted for probate.

Can I file for a default judgment since he chose to end his life prior to answering the complaint?

Death is not grounds for a default judgment and if you omit that bit of information and get your default judgment you will have committed fraud upon the court, the estate can get the judgment set aside, and you might be punished by the judge for doing it.

Pursue your case properly, or not at all.

Does the fact that he committed suicide effect this action in any way as opposed to a natural death?

Probably not.

 

[army judge]

I recently filed a complaint in Common Pleas against someone for defamation of character and an unpaid debt. The complaint was filed and served by law enforcement but 2 before the last date of filing an answer, the defendant committed suicide without filing an answer. Will this action survive his death? Can I file for a default judgment since he chose to end his life prior to answering the complaint? Does the fact that he committed suicide effect this action in any way as opposed to a natural death?

If he has nothing in his estate, there's no need to continue the lawsuit.
If he was wealthy, and had his assets sheltered, you'll still take nothing.

Even if he was wealthy, with his death, your case may have died, too.

Anyway, good luck.