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Does Credit Score Matter for Pre-Settlement Funding?

by

JG Wentworth

May 21, 2025

4 min

Credit cards and dollars in cash close up

Pre-settlement funding provides financial relief to plaintiffs awaiting legal settlements, but many potential applicants wonder about credit requirements. If you’re wondering whether or not your credit score will impact your ability to get money from your pending lawsuit, we’ll explain how the approval process works, and what factors truly matter when seeking this type of financial assistance.

What Is pre-settlement funding?

Pre-settlement funding (also called lawsuit loans, litigation financing, or settlement advances) provides cash advances to plaintiffs involved in pending legal cases. These advances are repaid from eventual settlement proceeds, allowing plaintiffs to cover living expenses and medical bills while their cases progress.

The credit score question

The short answer: No, your credit score typically does not matter for pre-settlement funding.

Unlike traditional loans, pre-settlement funding companies generally do not check credit scores during their application review process. This makes pre-settlement funding accessible to plaintiffs regardless of their credit history.

Why credit scores don’t matter for pre-settlement funding

Pre-settlement funding differs fundamentally from conventional loans in several key ways:

  1. Non-recourse financing

Pre-settlement funding is non-recourse, meaning if you lose your case, you typically owe nothing. This structure eliminates the need for credit checks since repayment depends on the case outcome, not your ability to make monthly payments.

  1. Collateral-based approval

Funding companies secure their investment against your potential settlement, not your personal assets or income. Your future settlement serves as the collateral.

  1. Risk assessment focus

Instead of evaluating your creditworthiness, funding companies assess the strength and potential value of your legal claim. They’re investing in your case, not lending based on your financial history.

What pre-settlement funding companies actually evaluate

Funding companies focus on these factors when reviewing applications:

  1. Case merit and liability
    • Clear liability on the defendant’s part.
    • Strong evidence supporting your claim.
    • Likelihood of winning or settling favorably.
  1. Potential settlement value
    • Severity of injuries or damages.
    • Medical expenses incurred.
    • Loss of income or earning capacity.
    • Pain and suffering considerations.
  1. Insurance coverage
    • Defendant’s insurance policy limits.
    • Insurance carrier’s reputation for settlement.
  1. Legal representation
    • Your attorney’s experience and track record.
    • Law firm’s reputation in handling similar cases.
  1. Case timeline
    • Estimated time until settlement.
    • Stage of litigation (discovery, negotiation, trial preparation).

The application process

The typical application process includes:

  1. Initial application – Basic information about you and your case.
  2. Documentation review – Case files and medical records.
  3. Attorney consultationYour lawyer confirms case details.
  4. Underwriting – Risk assessment by the funding company.
  5. Funding decision – Approval or denial with funding amount.
  6. Contract signing – Agreement on terms and fees.
  7. Fund disbursement – Money transfer to you.

Get Cash Before Your Case Is Settled

Get Cash Before Your Lawsuit is Settled

Life doesn’t wait for your settlement, you shouldn’t either.

Potential benefits

In addition to not requiring good credit, pre-settlement funding offers several advantages:

  • Financial relief without monthly payments.
  • Time to negotiate a fair settlement rather than accepting early lowball offers.
  • Coverage for essential expenses during lengthy litigation.
  • No impact on credit score if you lose your case.

When pre-settlement funding makes sense

This financing option may be appropriate when:

  • You face financial hardship due to injury-related inability to work.
  • Your case has strong merit but will take months or years to resolve.
  • You need funds for essential living expenses or medical care.
  • You want to avoid settling prematurely for less than your case is worth.

Questions to ask funding companies

When researching funding companies, ask:

  • What are your total fees and how are they calculated?
  • Is there a cap on the total repayment amount?
  • How long have you been in business?
  • Are you a direct funder or a broker?
  • Does my attorney need to approve the funding agreement?
  • What happens if my case takes longer than expected?
  • Are there any upfront application or processing fees?

The bottom line

Your credit score doesn’t matter for pre-settlement funding because these advances are secured by your potential settlement, not your credit history. Funding companies focus on the merits of your case rather than your financial past.

If you’re considering pre-settlement funding, consult with your attorney first. They can help you understand if this option makes sense for your situation and recommend reputable funding companies. While credit concerns shouldn’t keep you from exploring this option, carefully review all terms and costs before proceeding.

The information is provided for educational and informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on in that respect. We suggest that You consult an attorney, accountant, and/or financial advisor to answer any financial or legal questions.

* JG Wentworth does not provide pre-settlement/lawsuit funding services. All leads are brokered to unaffiliated third party providers by Peachtree Funding Northeast, LLC.

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