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Zarendel · Jan 13, 2011, 11:34 PM

I had a question, since I can not find the answer in any legal forums. I owe for an auto accident, and they want a lump sum, I obviously can not afford the lump sum, so I was threatened with my license being revoked due to no payment and a garnishment of my wages. Now, I was and am cooperative, I told them I would try to pay what I can upfront but I just can't get ahold the amount of money they ask for, they told me that was unacceptable and that I needed to get a credit card or a loan to pay them.. Its out of the question, I am a low wage laborer, I just don't have it and they told me no payment plan. Now the last person I spoke to told me they would take 1000.00 down and then I could make payments of 250.00 a month. So now I'm very confused, can I make arrangements with these people or not? (Washington state) What are my rights?

tickle · Jan 14, 2011, 06:58 AM

Who want the lump sum ? The other party insurance company, the third party themselves. More info please.

Tick

Zarendel · Jan 15, 2011, 12:48 PM

The insurance company.

excon · Jan 15, 2011, 01:14 PM

Hello Z:

They have NO obligation to make arrangements with you. On the other hand, if they can get money out of you by doing so, they SHOULD.. That doesn't mean they will.

If they sue you and win a judgment, they can seize your bank account and garnish your wages... I'd call that guy who made the arrangement with, and ask him to put it in writing.

Or, why don't you write up your payment plan, and send your check for $1,000 as a down payment? Write in the memo portion of the check, something like by cashing this check you ACCEPT the terms of the agreement that accompanied it.

excon

Zarendel · Jan 15, 2011, 04:40 PM

It won't let me comment so, I have to post here >.>

I don't have a 1000.00 to give them, its not like I don't understand there job, I have been cooperative its not like I'm trying to skimp out of payment, and if it goes to court, I am sure the courts will awarded them payments that are reasonable. Not like they get my information and can just take my entire paycheck.

But as I said, I want to pay it, I just can't work with what they are asking. I don't have that kind of money, does anyone in today's economy?

tickle · Jan 15, 2011, 04:59 PM

You have to get by the same as any of us. Yes, you posted correctly, the comment feature is not a good way to respond. And yes, if it goes to court it will be better for you.

Tick

excon · Jan 15, 2011, 05:22 PM

Originally Posted by Zarendel

if it goes to court, I am sure the courts will awared them payments that are reasonable.

Hello again, Z:

Nahh... That isn't what the court will do.. They'll award them a judgment, or not. That's it.

excon

Zarendel · Jan 16, 2011, 08:12 AM

Well thanks for the answers, I am going to ride it out through the courts. Plus I'll call up a lawyer once more. Take care.

Fr_Chuck · Jan 16, 2011, 09:15 AM

I will make this very easy, if you don't pay them, the Department of Motor Vechile can suspend your drivers license if they file against you for non payment. Happens every day, it is a result of no insurance and not being self insuredd ( able to write them a check in full)
Your license stays suspended till they are paid in full.

Again the drivers license being suspended does not even take a court hearing, it is done by admin procedure when they are given the unpaid debt.

And no the insurance company does not have to accept a payment plan, and normally will sue first and get a judgement, This gives them a much stronger position. They may still accept a payment plan, but it will be more on their terms. Remember they can ganish up to about 25 percent of your pay, so if making an offer, that is the figure they are looking at, that they can get just by going to court , getting a jugement and then doing a garnishment.

You never did say how much total it was, 10 thousand, or 100, thousand,

So when making an offer try to get it to about 15 percent of your pay, they may see that as a more good faith offer,