I was in an auto accident a couple years ago and didn't have insurance, so now I have been served with "must appear" court documents. It's a civil suit between me and his insurance company...there is no way for me to do time for that, is there?
2007-03-19 15:42:47 · 8 answers · asked by beerengine3 1 in Politics & Government ➔ Law & Ethics
You are referring to a subrogation lawsuit. This means that the other driver's insurance felt that you were liable for the accident and now they are suing you for reimbursement of benefits paid to their policy holder.
If you fail defend against the lawsuit, the court can enter a default judgment against you. There are no longer debtor's prisons in the United States, but a judgment creditor can take your assets or garnish your wages.
Many states do have penalties for people who get in car accidents and then cannot pay judgments due to a lack of insurance. Many states will suspend your driver's license if you have an unpaid judgment against you related to a car accident. You should see a local attorney right away for further assistance.
2007-03-19 16:43:56 · answer #1 · answered by Carl 7 · 0⤊ 0⤋
Well what happens in that situation is that there will be a judgement filed against you.
This is an legal judgement saying you owe so and so X amount of money.
The judge will give you a specific amount of time in which you have to pay that debt. The amount of time will usually be dependent on your ability to pay and to the amount. Generally six months to a year.
If at the end of that time you have not paid then the person you have to pay to can file a garnishment against you. This will take the money out of paychecks and possibly tax returns.
There is a point in time in which you could be jailed but that wont happen unless you are really a deadbeat on paying your debt.
BTW just thought i would add.. if you do not show up for court then the judgement will be given to them by default and it will be for whatever amount they can show any evidence of. I would definitely show up and bring with you any kind of documentation or witness or anything that can help you.
2007-03-19 15:50:05 · answer #2 · answered by sociald 7 · 0⤊ 0⤋
No. Civil court is always about money. If you lose your case you will probably have to pay a judgment within a specified amount of time. If you fail to pay within the specified amount of time then you will be in violation of court order which is a criminal offense. If you do have to pay a judgment you will probably be given an extended period to do so. It will not be due immediately and you can ask the judge to order the debt to be paid $50.00 per month or whatever you can afford.
2007-03-19 15:52:20 · answer #3 · answered by CHARITY G 7 · 0⤊ 0⤋
you won't be able to flow to courtroom yet you need to be sued in civil courtroom and could finally end up owing a lot more advantageous even if once you've information this debt replaced into charged off, then deliver a qualified letter to the organisation that called you, protecting a duplicate of the letter and the delivery affirmation, putting forward "i do no longer renowned this debt. in step with the straightforward Debt Collections Act i'm annoying written information of this debt be mailed to my living house in the subsequent 30 days. as well you're to quit and desist all verbal change with assistance from telephone and all verbal change going ahead ought to in person-friendly words ensue with assistance from mail." in case you deliver this letter, they don't seem to be allowed to call you anymore and they are required with assistance from regulation to deliver you written information of the quantity of the debt and the quantity you owe
2016-11-26 23:48:24 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You won't go to jail but they will likely be able to garnish you wages to pay off the award.
You don't have to worry about jail unless it's the IRS you owe money to.
2007-03-19 16:51:45 · answer #5 · answered by sdmphx777 2 · 0⤊ 0⤋
Possibly if :
the state you live in requires all drivers to have insurance.
you could have your license revoked until payment to the ins. co. is paid in full.
your wages & future income tax refund could be intercepted.
could put a lein on your home.
could dip in to your 401 K.
could be ALL the above & jail ... Lawyer!
2007-03-19 16:03:10 · answer #6 · answered by Marie 4 · 1⤊ 0⤋
no you wont go to jail but if you dont go to court they will issue a default judgement and you will found guilty. They can get the money from you, so you might as well go. But you wont go to jail.
2007-03-19 15:49:13 · answer #7 · answered by eawolfpack04 3 · 1⤊ 0⤋
you will not go to jail for it, but they will garnish your check and make you pay that way. if you do not show up for court they will automatically give judgment for the other party.
2007-03-19 15:59:22 · answer #8 · answered by redpeach_mi 7 · 0⤊ 0⤋