Law question!!!!!!I was seved, but i wasn't there when they said i was help me plz?

Question

I was in a car accident. The guy who was in the other car sued me. There lawyer said I was served but I had been in another state (Airzona) for at lest 8 mths and was going to have a baby 3 weeks after the day they said I was served. Also, I was on bed rest at this time. I would like to know what to do. Being so far from where it was filed. It has been 4 yrs since it was in court. I didn’t know about this till 2 yrs ago. I was told that it would go off my record in 3 yrs so I waited, but it didn’t. I have lost my driver license because of this not being paid. Some one help me plz and if you know of any lawyers in Tennessee (Davidson county) that can help

I didn't know about this intill well after the fact that i was sued when i got a ticket for speeding.

Answer 1

How did they serve you? They would've had to serve you personally or through a family member. They usually send the summons and complaint to the sheriffs department of the county you were residing in or they thought you were residing in. The sheriff goes out to your house to serve you with the summons and complaint. If you don't live there and a new tenant does then the sheriff will send it back to the attorney who sent it to him as "Unable to Serve" with the reason why. However, if a family member lives there and says you live there but you are away, he will serve them with the documents for you, b/c you will eventually get back and get the papers.

Ask that lawyer to provide you with the Affidavit of Service/Proof of Service. He has to. It's your right. Also I will assume you were driving with insurance. Call up the insurance company that provided you with coverage at the time and open up the claim for that accident. If you had insurance, they will cover you.

Also check on the police report, if it provides your insurance company information, such as an insurance code and/or policy number. Because if it did, than the attorney who represents the other driver, was lazy and didn't open up the claim himself with your insurance company. Especially if its visible. He should've known it was there.

Answer 2

Find a lawyer in the yellow pages. First consults are often free. You should have done that when this all started.

You also should have notified the court about medical problems prohibitting you from attending the court and asked for a postponement, submitting doctor's statements as evidence.

It's likely too late to do anything but pay it now, but get with an attorney for help.

Sue

Answer 3

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JD