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View Full Version : Default judgement is news to me!


Ange5791
Sep 17, 2008, 10:11 AM
Back in March 2005 a former boyfriend rear-ended another car with my car. He never told me about it. Now back in April of this year my parents was sent a certified letter and signed for it. Inside was a default judgment and 2" stack of medical bills against me for $17,000 for injuries the other party sustained. The insurance card my boyfriend handed the officer at the scene was outdated. Actually I am not even sure if I had coverage at the time and am looking into it. I guess when they contacted the insurance company listed on the accident report they said I wasn't covered through them at the time. This former boyfriend is currently in prison. My mother received a letter from the transportation cabinet of KY saying my DL has been suspended until the civil judgment is satisfied or 15 years. I was estranged from my family for the last couple of years living and working in CA. I have since quit my job and moved back into my parents home and learning all this against me. Neither I or my parents have never been served any paperwork concerning this civil case against me or any advance notice that my DL would be suspended due to an unsatisified civil judgement. I have just driven from CA to IL with suspended license unbeknownst to me. Now I am very distraught in terms of how am I going to be able to get a job or get to work with no driving privilages. Am I liable for all or only half the judgment since both mine and his name appears as defendants in this case? How can I get my license reinstated so I can get and get to a job? Do I need to set a court date to get a payment plan in place and get my DL reinstated? Please help me as best you can cause I feel as if my life is ruined!

twinkiedooter
Sep 17, 2008, 02:57 PM
I find it hard to believe that your boyfriend rearended a car and you had no knowledge about it. Wasn't there any damages evident on your car? Go down to the courthouse and look at the original paperwork in the case that was filed against you and see just how you were served with this lawsuit. Are you positive that your parents didn't just throw the paperwork away? Something is very wrong here with this picture. If the courthouse in question is a long ways away, you can call the Clerk and they will look up the information on just how and when you were supposedly served with this lawsuit.

Ange5791
Sep 17, 2008, 05:17 PM
Back in March 2005 a former boyfriend rear-ended another car with my car. He never told me about it. Now back in April of this year my parents was sent a certified letter and signed for it. Inside was a default judgment and 2" stack of medical bills against me for $17,000 for injuries the other party sustained. The insurance card my boyfriend handed the officer at the scene was outdated. Actually I am not even sure if I had coverage at the time and am looking into it. I guess when they contacted the insurance company listed on the accident report they said I wasn't covered thru them at the time. This former boyfriend is currently in prison. My mother received a letter from the transportation cabinet of KY saying my DL has been suspended until the civil judgment is satisfied or 15 years. I was estranged from my family for the last couple of years living and working in CA. I have since quit my job and moved back into my parents home and learning all this against me. Neither I or my parents have never been served any paperwork concerning this civil case against me or any advance notice that my DL would be suspended due to an unsatisified civil judgement. I have just driven from CA to IL with suspended license unbeknownst to me. Now I am very distraught in terms of how am I going to be able to get a job or get to work with no driving privilages. Am I liable for all or only half the judgment since both mine and his name appears as defendents in this case? How can I get my license reinstated so I can get and get to a job? Do I need to set a court date to get a payment plan in place and get my DL reinstated? Please help me as best you can cause I feel as if my life is ruined!
Believe it! There was never any damage to my car not unless there was a crease in the license plate. There was a accident report in with the 2" stack of medical bills stating he was stopped and was hit at less then 35 MPH. No one was ever served with any type of summons on the day the plantiffs lawyer stated. I was at work in Cali as amatter of fact. A lawyer I talked to today said it is likely they forged my signature or covered up the fact they served me with the papers. He said "this is a huge mess"

excon
Sep 18, 2008, 05:54 AM
Hello A:

It IS a mess, and I doubt you'll get it straightened out yourself. Therefore, I'd hire a lawyer.

It's highly doubtful that a lawyer or his agent forged your signature. However, if that's so, then you (your lawyer) can get the judgment set aside.

But, they'll just sue you again, and if you're liable (and it looks like you are), then you'll lose again. OR, you might be able to negotiate a settlement.

No, you're going to be liable for the entire amount. They can collect from either one or both parties - whoever HAS the money.

excon

twinkiedooter
Sep 18, 2008, 09:21 AM
Like I suggested above, please contact the Clerk's office and see just HOW you were served and any other kind of paperwork the Clerk's office has on this case. The attorney is going to send for (or go get) the Court file. It would be a heck of a lot cheaper if you went and got it copied versus pay him and his staff to go and get it copied. Copies are generally 25 cents a page plus your time is free to go and get this. The attorney is going to charge you big bucks to send his office person to do the same thing. This way you can make a copy of the court file for yourself and give a copy to the attorney for him to start working on.