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Can they garnish your wages and if so how much can they garnish?

If you own stock or have an inheritence can they get that?

And if you don't show up to court can the person sue you for not showing up.

I was in a car accident with this guy. I was driving my mother's car. She is being sued also but had nothing to do with the accident. I am being sued for bodily injuries and car damages. I am employed but I know I don't make enough to afford a lawyer nor do I make enough to pay off his judgement. The car I was drivng had no insurance, that's why he's suing me. WHAT do I do in a situtaion like this. This is my first accident. And I'm very unfamiliar about how the laws work in a case like this.
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I would like to have a lawyer or someone who has been in a situation like this to give me some answers or advise..or just an individual

2007-09-10 21:35:46 · 5 answers · asked by uloarnett 1 in Politics & Government Law & Ethics

5 answers

If you had insurance, they would have taken care of the whole thing for you. Before there is a judgment entered, don't worry about how to pay it. If the accident was your fault, you are liable to the other driver for his damages, and in that case, you're kinda stuck because you are responsible to them. But, the other guy's insurance may cover much of the damages so you wouldn't get stuck with all of it. Maybe.

2007-09-10 22:46:13 · answer #1 · answered by Flatpaw 7 · 0 0

First, I'm not a lawyer. But if you don't show up in court, then the judgement automatically goes to the plaintiff. Over and done with. Even without a lawyer, you can go and present your side of it.

The lawsuit states exactly what you're being sued for and for how much. Did he really have bodily injuries and if he did, did his health insurance cover it? He can't recover bodily injury from BOTH his insurance company AND you. Is the damage to his car reasonable or has he inflated it? A judge will require him to present an estimate or bill for repairs if you're there. But if you don't show up, he doesn't have to justify anything. The fact that you were uninsured is foolish but does not constitute automatic liability. Is it pretty obvious that you were at fault in the accident? Many times people are at fault and sue the other person to cover their own mistake. Another advantage to insurance is that the insurance companies are good at weeding those out on your behalf.

If he wins the judgement and you don't pay it, he can garnish your wages. Each state is different and there are limits to how much at a time, but it will go on as long as it takes to pay it off. He also can put a lien on any assets you own which means he doesn't get the money right away. But you can't sell them until you've paid him to remove the lien. He can garnish any liquid accounts (bank) that you have, no matter how the money was gotten.

2007-09-10 22:03:34 · answer #2 · answered by Marc X 6 · 0 0

You first have to check the insurance laws in your state. IF the state requires vehicle insurance and you drove the vehicle without such, you will be charged by the state for failure to comply, whether or not the accident was your fault.

The only recourse you have let the other driver is to sue both you and the owner of the car, your mother. Since she owned the car, she is legally responsible for any and all accidents unless she can prove that she had no knowledge that you had the car. IF she had given you permission, she is an accomplice to the accident. IF she had given you permission in the past to drive it, you will have an almost impossible task at convincing a judge that she didn't give you permission or that she was unaware you had the car.

As far as recovery, it will depend on the laws in your state. In order to recover damages, state allow a wide range of remedies. It is most likely possible to garnish your wages, but that is a decision the judge will make in accordance with the guidelines set forth by your state. IF you stop working, the judge can determine that you do so as a means of avoiding the pay of damages which will further compound your problems. DONT QUIT WORK. IF for any reason you have to or decide to quit, inform the court long before you do so or risk the wrath of the judge.

You are on the hook for the bodily injuries and car damages unless you can prove that the accident was the result of the other driver's negligence and that they were at fault. Doing so will still not get you out of driving without insurance.

IF you can prove contributory negligence on the part of the other driver, the damage awards against you and your mother may be reduced.

In any case, I believe you need a lawyer to advise you on your rights and legal obligations in your state.

I have been in seven auto accidents so far, none of which was I at fault. Having been injured twice thought, I can understand why the other driver is suing.

Please, find a lawyer in your area and be sincerely apologetic to the other driver and the court.

I hope this helps.

2007-09-10 22:01:36 · answer #3 · answered by ZoneRider 4 · 0 0

Look in the yellow pages under lawyer or ask the clerk of the court at the courthouse how to contact the pro bono program in your area. This is a program where you can sit down with a lawyer for free and explain your situation. He/she will give you some advice and may refer you to a lawyer who will help you and base a fee on your ability to pay.

If you do get a judgment against you the plaintiff can garnish wages, attach bank accounts and investment accounts, and place liens on real property.

Not showing up in court or ignoring the situation and hoping it goes away will hurt you far more than facing up to the problem.

2007-09-10 21:47:22 · answer #4 · answered by Anonymous · 0 0

The plumber will record a mechanics lien on your place, meaning which you will under no circumstances have the potential to sell it until eventually the debt is paid. The enjoying cards will do the comparable factor - or perhaps attempt to attach the automobile (which stop syou from promoting the automobile until eventually the lien is paid). they could additionally garnish your economic business enterprise debts. meaning in case you desire an account to money your examine and the economic business enterprise places a carry on your examine on an identical time because it clears (or you have direct deposit), the cardboard companies can get to that money that way. some card companies will additionally attempt to get the judgment in a diverse state (the business enterprise's residing house state) - which could be enforceable in Texas even nevertheless Texas has a no salary garnishment regulation.

2016-10-04 09:03:39 · answer #5 · answered by ? 4 · 0 0

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