20 Mar
What happens when you're sued by someone, but cant afford to pay?
Posted in accident injury lawyer on 20.03.11
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I was in a car accident with this guy. He is suing me for the damages to his car and bodily injuries. I know I can’t afford a lawyer nor to pay him.
2 comments on this topic
20. March - 7:13 pm
Your insurance company should step in to defend you, they are the ones that are at risk for the damages. You do have insurance don’t you?
If all else fails, wait until he gets the judgment and then consider bankruptcy, if the amount of the award is to high. This won’t do your credit any good but will protect some of you assets.
20. March - 7:13 pm
If you had insurance on your car on the date of the accident (or, if it was not your car, if the owner of the car had insurance on the car, or if you were in the course of your job, your employers’ insurance will cover you) call your insurance company. They will represent you for free if you had BI coverage and they will pay the judgment up to your policy limits. CALL YOUR INSURANCE COMPANY!!! Waiting a long time can void your coverage and you normally only have 20 days after you get sued to file an answer to the complaint. ACT NOW!!
20. March - 7:13 pm
Your car insurance should pay for most of it because you are required by law, to have liability insurance. If it goes beyond the amount your policy will pay, then they will have to try and garnish your wages. If you don’t have any other assets or money then he can’t collect other than a garnishment.
20. March - 7:13 pm
Something will be arranged. By going through the process of suing you, the person is able to have your wages garnished (basically getting paid directly out of your paycheck before you even get the check), or have accounts frozen until payment is made.
Check on line – there are legal aid groups in all sorts of cities, counties and/or states. They may be able to assist you in finding a lawyer that can help you out.
20. March - 7:13 pm
If you had insurance, that should cover it,
also provide legal defense.
If you were uninsured, bend over, they can
seize your car and anything else they can
reach or garnish your wages.
20. March - 7:13 pm
I don’t know why he’s bothering with the suit, then. Suing someone who’s broke makes little sense.
What people don’t realize is that when they win a judgment, all they’re winning is a piece of paper from the court saying "A has to give B $X."
If B isn’t paid, he can then pursue other actions…property liens, sheriff’s sales, grab money from your salary, etc. If you’re poor, he’s got nothing to grab. All it could do is dink up your credit.
20. March - 7:13 pm
He can garnish your wages, or put a lien on any property that you may now, or in the future, own.
20. March - 7:13 pm
Who was driving?
He let you drive his car?
I think he could try and sue you but he might not have a case.
The best thing is gettin a public defender, well that’s like having Satan in your corner.
20. March - 7:13 pm
You’ll have to file bankruptcy or risk having wages garnished, liens against personal property, or even jail time.
20. March - 7:13 pm
If you cannot afford to pay the money now, most likely, you will reach a settlement where you agree to pay a little bit at a time, for several years.
If you fail to make your payments, then the court can step in and garnish your wages. They can also seize any property you own which might be of value.