Ok this is the deal. I was in a car accident in 2001. I was driving some one else’s care but I was going to buy it. I didn’t have insurance. The other guy sued me. However I never knew I was being sued. The courts said I was served in person 2x the 1st time they couldn’t find me, the 2nd time they went to my old house which I had moved from and marked me as served. Neither I nor no one I knew lived at that address. It went to court with out me knowing and they won. When they served me I was in a far far away state and was pregnant to give birth 3 weeks later after the date that they said they served me. I was a high risk pregnant and couldn’t travel 40 miles much less over 2000 miles that separated the states. So now they have a judgment against me and I lost my Driver license. The Company wont work with me to settle this so I want to know how I can fix this. By the way this all happened in the state of Tennessee….. Plz help me some one.
2006-11-07 09:08:59 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
A lawsuit cannot go forward against someone without giving them an opportunity to participate. Since you never received actual notice, they are depending on "constructive notice" by leaving it at your address. The fact that you had moved should be enough to defeat that service, it makes no difference if a friend or releative lived there or not, they cannot leave service anywhere but your abode.
That means that the entire case was void, but they don't know that until you tell them correctly.
You need a lawyer to get the verdict thrown out.
They can't refile or serve you, the statute of limitations is gone.
I'm not clear on why you lost your driver's license, but that's probably unrelated to the civil suit.
2006-11-07 09:25:46 · answer #1 · answered by open4one 7 · 0⤊ 0⤋
You can move in the original court to have the judgment set aside on the grounds of lack of service. You will have to file the motion with affidavits showing that you were not served & were not living at the place of service. You will then have to have an evidentiary hearing on the issue. Your burden of proof will be extremely high & you may lose. As a practical matter it is impossible for you to do this without an attorney.
Even if you are successful, all you will have done is set aside the judgment. You will still be in court & may again lose the case & be back where you started, having spent a lot of $$. So unless you can prove you were not at fault, it probably isn't worth the effort.
Unless the amount involved is sizeable it is probably advisable to work out a paymement plan to get your license back. If you can't do that, another option is bankruptcy. That will discharge the judgment & get your license back.
You should consult a local attorney as to what is your best option.
2006-11-07 09:37:05 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Although you have laid out many facts about this, there are a slew of other issues that only a lawyer will be able to sort out. Some may work for you - some against you. For instance, if you did not notify the TN DMV that you had moved, service at the address shown on your driver's license may be legal even though you didn't live there. So..... get a lawyer. Yahoo is not the place to find an answer to this sort of thing!!
2006-11-07 09:38:39 · answer #3 · answered by Pete 4 · 0⤊ 0⤋
This same situation is happening to me and my husband,we had a car accident Jan of last year ,and a chrysler 300 hit us when we pulled out of a street,while a city bus was stopped pickin up people the chrylser came from around back of the bus and as we were turning from the street going opposite way of the bus they slammed into the door part of our 03 dodge durango,we were scared of being in serious trouble so we ran long story short,we turned ourselves in no real damage to our car but a small dent by door(theirs totaled)about 7,000 dollars in damages.
Anyways we were sent paperwork by the DMV about the accident and they said if we didnt pay 6,500 dollars his lic wouldbe suspened ,and 10mths later it is still suspened ,chick got her car fixed ,i called DMV to ask how the hell did you get involved,because florida is a no fault state ,and they cant really explain why,now Progressive has a collection out on us and we have tried to settle many times but they want huge amounts of money at one time ,cant do it,When you find a good lawyer let me know,he might just get some more business.If not my husbands lic is going to be suspened til the day he dies,i will never have that much money!!!! Good luckl
2006-11-07 09:26:03 · answer #4 · answered by youngprincez23 3 · 0⤊ 0⤋
Depending on the amount of the judgment, you can hire an attorney. You could also write the judge and state that you were never served, and completely unaware of any lawsuit. You could also include affidavits to the effect that you were two thousand miles away and not where the summons was served. Explain to the judge that complications with your pregnancy would have prevented you from attending court on that date. Registered mail, the most common form of being served requires your signature -- is your signature on file for receiving it? What it comes down to though, sorry, is that if you are at fault for the accident -- you are liable for damages.
2006-11-07 09:24:19 · answer #5 · answered by highendsystems 3 · 1⤊ 0⤋
You need a lawyer! A good one!
2006-11-07 09:14:08 · answer #6 · answered by peace2all 3 · 0⤊ 0⤋
appeal it and contact a lawyer and see what your rights are.
2006-11-07 09:21:35 · answer #7 · answered by Dondi 3 · 0⤊ 0⤋