I was in a car accident without inurance and now they are suing me for 12 Gs. I certainly cannot afford that. At this point i cant even make payments on that. I'm a fulltime student, works for a job that pays only 1100.00 monthly and i have no assets. What can they do to get the $12,000.00. Do i go to jail for that? or how about filing for bankruptcy? HELP!!
2007-02-19 17:15:29 · 8 answers · asked by al2343 1 in Politics & Government ➔ Law & Ethics
You can't file bankruptcy on a civil suit. Your not having any money or assets doesn't make any difference, you were driving w/o insurance. You won't go to jail but you'll have to see if you can't work something out with the car owner, maybe get a loan or a second job. Good luck.
2007-02-19 17:26:36 · answer #1 · answered by Brianne 7 · 0⤊ 0⤋
We don't have debtors' prisons anymore.
Even if the plaintiffs win their case, all they get is what's called a judgment.
You will likely be called to an ORAP - an order to appear by judgment debtor, where you will be examined re your assets, debts, income, etc.
If what you're saying is true, there's essentially nothing to execute upon, so they'd be wasting their time.
However, judgments CAN be renewed periodically, depending on your state's laws. They can wait until you are older, working and have some income to execute upon.
At that point, it would be worthwhile to make some type of payment arrangement - even $300/month would mean it would be gone in 4 years. It sounds like a lot now, but it's a long life kid, next time get insurance.
2007-02-20 01:51:32 · answer #2 · answered by gw_bushisamoron 4 · 0⤊ 0⤋
First of all, if it is a liability case, your insurance coverage will pay for it. If you were driving without insurance coverage, you could lose your driver's license & possibly lose your vehicle if you had an accident where it was your fault. They wouldn't put you in jail. Also, a bankruptcy won't stop a judicial proceeding, or a judgment from being placed against you. But, if you had insurance, you should be covered for any liability issues.
A judgment remains on your credit file for 10 years.
2007-02-20 01:41:44 · answer #3 · answered by gone 6 · 0⤊ 0⤋
go file bankruptcy.My mother does bankruptcy law and you can get a judgement thrown out on Chapter 7 or 11 , however be prepare for the debtor in this case to cliam your not having insurance was "a willful and injurius action" and the judge will rule on that matter.
Should have insurance. but now an attorney is better
2007-02-20 01:36:07 · answer #4 · answered by ? 5 · 0⤊ 0⤋
First, the plaintiffs need to win the suit. Perhaps they won't. If they do, they can get a writ of attachment for any assets you have, but (with the possible exception of the car), you don't have any of significance. The worst thing that could happen is a garnishment order against your wages, but any such order must leave you enough money to live on. And, you won't go to jail. But you do need to talk to a lawyer, to see if you can defend the suit.
2007-02-20 01:25:46 · answer #5 · answered by Anonymous · 0⤊ 0⤋
ok, relax. First of all, what you need to do is speak to an attorney. Find one that doesn't charge you anything at all unless your case is settled with him. There are many attorneys that do this. Just open up a yellowpages or something and start calling a bunch of them. Don't file for bankruptcy or anything.
2007-02-20 01:32:08 · answer #6 · answered by azi g 2 · 0⤊ 0⤋
A judgement for 12,000 will be placed on you and your wages will most likely be garnered until it is paid off. Usually around 15% of your GROSS income. This judgement will also be on your credit report and will affect you until it is paid off, if not longer.
2007-02-20 01:27:26 · answer #7 · answered by zebj25 6 · 0⤊ 0⤋
I'm sure they're flexible on payment. Bummer. Maybe now it makes sense to be insured?
2007-02-20 01:24:59 · answer #8 · answered by m k 5 · 0⤊ 0⤋