Lawsuit on Background check

[nedsson]

Jurisdiction

Georgia

So, a few years back I was sued for personal injury...kind of. An initial complaint was filed with the state court, but I was never served the lawsuit. I only found out about it later, when a friend of mine who works in the court system told me that my case was going to be dismissed for lack of service. So my question is...have I been sued since service was not completed (its outside the statute of limitations to refile). Do I say that I've been sued to potential employer? Will it show up on a comprehensive background check (if so, that seems kind of unfair...is there a way to prevent that)?

 

[adjusterjack]

have I been sued

You were not served so you haven't been sued.

Unfortunately, the dismissed case remains on file and is public record.

Will it show up on a comprehensive background check

Whether any given background check picks it up depends on what the prospective employer is paying for.

Do I say that I've been sued to potential employer?

You tell the truth in answer to whatever questions appear on the application or is asked in an interview.

Frankly, I don't think that a dismissed lawsuit is ever going to hurt your employment options so try not to lose any sleep over it.

 

[mightymoose]

Agree. No service, not sued. Nothing happened.

 

[zddoodah]

So my question is...have I been sued since service was not completed (its outside the statute of limitations to refile).

Yes, you were sued. That you weren't served doesn't change that. Obviously, I disagree with the prior responses that say otherwise, which probably illustrates that "have I been sued" is a question without precise meaning.

Do I say that I've been sued to potential employer?

I'm not sure why a potential employer might ask such a question. However, if I were you and such a question were posed to me, I would respond along the following lines: "someone once filed a complaint but never served me, and the complaint was eventually dismissed for lack of prosecution."

Will it show up on a comprehensive background check (if so, that seems kind of unfair...is there a way to prevent that)?

Depends on what records are checked by the person conducting the background check. I don't see how reporting something that is a matter of public record could be "unfair."