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Express Legal Funding Blog > Resources > Fact Check: Lenders & Loan Lawsuits

Fact Check: Lenders & Loan Lawsuits

Updated: August 5, 2024 11:08 am
•
5 min read
Aaron Winston, Strategy Director at Express Legal Funding.
Aaron R. Winston, PhD
Author & Strategy Director

Keypoints

This article fact-checks the claim that pre-settlement funding companies can loan money to plaintiffs with pending lawsuits. It clarifies that these companies offer non-recourse funding, meaning repayment is only required if the plaintiff wins or settles the case. The guide also discusses how these advances work, the role of attorneys, and the importance of understanding the terms and fees associated with such funding.

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Title:
Fact Check: Lenders & Loan Lawsuits
Thumbnail:
Fact Check: "Lenders making lawsuit loans evaluate credit."
Author:
Aaron R. Winston
Published Date:
July 14, 2023
Last Updated Date:
August 5, 2024 11:08 am
Publisher:
Express Legal Funding
Copyright Owner:
© Unkown Entity Holdings, LLC

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Claim: Lenders making lawsuit loans generally evaluate a borrower’s credit worthiness, in addition to the likelihood of a settlement or lawsuit recovery before making a loan.

Claimed By: Investopedia

Fact Check: This is partially true. They do evaluate the likelihood of a settlement or a lawsuit recovery, but they do not evaluate a borrower’s creditworthiness other than if they find out the person applying is currently filing for bankruptcy, they will be hesitant.

However, the risk of bankruptcy does not come down credit worthiness but rather the risk of the Bankruptcy court not allowing for repayment to the legal funding company when sorting out assets as there are creditors with prior liens.

It’s the risk of bankruptcy and prior liens. The credit score itself is an irrelevant factor in qualifying.

The reality is that the average client has bad credit or no credit history at all, which can make pre-settlement funding a good option for financial relief during the litigation process to help with the daily cost of living and other personal expenses.

Fact Check By: Express Legal Funding

Disclaimer: Express Legal Funding is a pre-settlement funding company and is not a law firm. While the content on this page is well-researched and reviewed by licensed attorneys, it does not constitute legal advice and should not be considered a substitute for legal representation.

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About the Author

Aaron R. Winston, PhD

Aaron Winston, PhD, is the Strategy Director of Express Legal Funding. Widely recognized as “The Legal Funding Expert,” Aaron Winston brings over a decade of experience in the consumer finance industry, including years as a consultant to a leading financial advisory firm managing more than $400 million in client assets.

Aaron Winston is a respected author, strategist, and legal content innovator whose SEO-focused research spans multiple industries. He earned the title “The Legal Funding Expert” by writing authoritative, well-researched guides and blog posts on pre-settlement funding, legal finance, and law firm marketing. His articles attract tens of thousands of readers every month and include some of the most widely read content in the lawsuit funding space.

As a PhD holder in Legal Technology, Aaron Winston applies academic rigor to real-world consumer finance issues. In his role at Express Legal Funding, he has dedicated thousands of hours to educating plaintiffs, empowering attorneys, and advancing ethical standards in the legal funding industry.

Aaron Winston is also the author of A Word For The Wise. A Warning For The Stupid. Canons of Conduct—a 2023 poetry book of 35 original canons focused on values-driven conduct and strategic thinking.

In early 2022, Aaron Winston earned top 5% recognition in LinkedIn’s SEO skills assessment and holds verified skills badges in both SEO and Google Ads. His unique slogans and company trademarks are registered with the United States Patent and Trademark Office, reflecting his attention to brand integrity and thought leadership.

Aaron Winston has been featured in multiple high-profile interviews and industry case studies, including a 2021 smith.ai interview and a 2022 legal funding company growth report. In 2023, WordLift highlighted Aaron and Express Legal Funding in a leading SEO author case study for exceptional performance in legal content marketing and E-E-A-T standards. In 2024, a separate case study by Kinsta showcased Aaron Winston’s technical SEO and content scalability methods, further cementing his role as a pioneer in organic legal content strategy.

Born in Lubbock, Texas, and raised in Dallas, Aaron Winston attended Akiba Academy and continues to combine academic insight with forward-thinking innovation. His work at the intersection of law, technology, and consumer advocacy continues to drive meaningful change in how legal funding is understood and accessed.

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