small court claims?

Question

I HAD A CAR ACCCIDENT AND THE PERSON RESPONSABLE FOR IT DOESN'T HAVE INSURANCE, I'M GOING TO TAKE HIM TO SMALL COURT CLAIMS BUT IT SEEMS THAT HE DOESNT CARE , HE DOESNT WANT TO PAY ME, IS THERE ANYWHY I CAN GET MONEY FOR MY DAMAGES? AMEAN IF HE SAYS NO IS NO? I LIVE IN TEXAS

Answer 1

think about small claims court. stay in touch with your insurance provider they may seek to recover thier costs by taking him to court. small claims court usually have a cap on the claims hence the term "small" so make sure the damages you seek are within those limits if in fact you do try to go to small claims. otherwise see an attorney. one who is free unless you win a claim.

Answer 2

Okay, with that attitude, it's unlikely he will even bother to show up for small claims court, which will give you a default judgment. Now, armed with that judgment, find out everything you can about this person, where he works, where he banks, where he lives and whether he rents of owns the place he lives in, and what he drives. Basically you are looking for his assets. Contact him one last time and make a request for the cash he owes you. If he still refuses to pay, go back to the court and ask for an order to attach his wages, or, if you find he has some asset that could be sold, like a second car, ask that it be seized and sold by the sheriff to satisfy your judgment against him. If the court orders his employer to take it out of his wages and send it to you, and they don't, they are in contempt of a court order and you can take them to court to explain why before the judge. Keep track of everything, and don't give up.

You might also look into reporting him for driving without insurance in Texas, which requires insurance. They will pull his license until he has insurance, and might even pull it until he satisfies you.

Answer 3

I know Texas... $50 (unless it has gone up recently) to file in small claims then after you get a judgment there will be 2 or 3 other step (legal proceedings) before you can actually get either your money or a lien against his property. Your own insurance should pay you if you have the extra policy called 'Protection against Uninsured driver'. I think actually it comes with your regular policy automatically. You also need to file a police report and they will issue him a ticket for driving without insurance and maybe if he has be involved in any other accident Texas will take his license.

Answer 4

Take him to small claims court. It's not expensive and you will win. He probably still won't pay but in many states(like NY for example), if you have a judgement against him you can take the court papers to the dept of motor vehicles and they will not allow him to renew his registration without paying you first. You could also get a lien on his assets but I think you will need a lawyer for that and It may get expensive.
Good luck.

Answer 5

You can get a judgment against him, but having it satsified may be like getting blood from a stone. It depends on what the laws in TX are- can his wages be garnished, will his license be revoked,etc. He didn't care enough to insure his vehicle, why would anyone be surprised at the apathy with regard to his paying you?

Answer 6

take him to court.once the judge is in favor with you.ask the judge to make him pay monthly in case he siad that he does not have any money.everytime he make no payments,drag him back to court again and the judge will take it out of his paycheck.this work for me in the past. SAVE all the court papers for future proof.