Ask Me Help Desk - Being sued for $66000.00 but only have SSI money

Quote:

Originally Posted by ScottGem

You need to contact the court and find out what the status is and what has been done on the suit. If the summons was not answered, then a default judgment would have been entered. So that fact that some sort of hearing was scheduled indicates that some answer was submitted.

Was the car covered by insurance? If so, the carrier should be helping your father deal with the legal issues. Have you talked to them? Its possible the damages exceeded their liability coverage and that's what their insurer is looking to recover.

But you can't keep operating in the dark here. You NEED to find out the full and exact history of the suit so you know where things stand.

I'd just checked and no Default Judgement has been entered.

You aren't listening. You need to go to the COURT and find out what has transpired. If the summons was served more than 30 days ago, then a default judgment would have been entered if no response was made. So something had to happen if a Case Management Conference has been scheduled.

{Edit-Just read your latest note. If no default judgment has been entered then what HAS transpired. Did you ask that?}

As for you insurer, you need to review the policy. Many policies include legal support in case the policy holder is sued. Even though your father is clearly at fault, the policy may still provide legal support.

We can only answer general questions. We do not have the summons in front of us, we do not know what went on in court. So while we can provide some advice on how to proceed, you need to get ALL the facts. And I've told you what you need to do to get that.

Quote:

Originally Posted by ScottGem

You aren't listening. You need to go to the COURT and find out what has transpired. If the summons was served more than 30 days ago, then a default judgment would have been entered if no response was made. So something had to happen if a Case Management Conference has been scheduled.

{Edit-Just read your latest note. If no default judgment has been entered then what HAS transpired. Did you ask that?}

As for you insurer, you need to review the policy. Many policies include legal support in case the policy holder is sued. Even though your father is clearly at fault, the policy may still provide legal support.

We can only answer general questions. We do not have the summons in front of us, we do not know what went on in court. So while we can provide some advice on how to proceed, you need to get ALL the facts. And I've told you what you need to do to get that.

I meant I called the court and spoke to the clerk and she said that there's no judgement yet on the case. I've even looked up the case on the county court website and there is no judgement yet. But there is one thing though when I looked at the dates there's one that says
NON PROOF OF SERVICE HEARING SET FOR 6/29/09 AT 8:00 IN DEPT CLERK
NON-PROOF OF SERVICE (NON-APPEARANCE) HEARING , Vacated. On 6/29/09 at 8:00

I'm wondering if this is something we had to go meet with them? Thanks

This sounds like a default judgment WAS entered but was vacated because someone claimed they never received the summons.

If you can see a history of the case online what does it say? Or can you give us a link to view it?

Quote:

Originally Posted by ScottGem

This sounds like a default judgment WAS entered but was vacated because someone claimed they never received the summons.

If you can see a history of the case online what does it say? or can you give us a link to view it?

The link is below. See if it comes up when you go to it.

http://public-access.riverside.court...etype=RIC&dsn=

What court do I choose and what docket # do I look for.

Quote:

Originally Posted by ScottGem

What court do I choose and what docket # do I look for.

I'm trying to attach it to this message lets see if it works

Quote:

Originally Posted by ScottGem

What court do I choose and what docket # do I look for.

Ok, that didn't work.

Choose Riverside Civil & Small Claims
-Case Number Search
-Case Type is - RIC Riverside Civil
-Court Case# 522586

Ok, this doesn't make a lot of sense. If no one complained about service or no answer was filed, I don't understand the activity.

Quote:

Originally Posted by ScottGem

Ok, this doesn't make a lot of sense. If no one complained about service or no answer was filed, I don't understand the activity.

Well the court date is set for 9-28-09. It is a Case Management Conference I believe if that's what they're implying on the papers. Do you know what to expect for that kind of hearing because I'll be taking them. Hopefully they don't require a lawyer and hopefully they won't be able to take his SSI money.

Judy and ScotGem is there anything I should be prepared for? Thanks for both your help

Just proof of your parents income sources.