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    puppetmaster4753's Avatar
    puppetmaster4753 Posts: 2, Reputation: 1
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    #1

    Jan 16, 2008, 07:28 PM
    Sued for vehicle damage. Few questions.
    Thanks for any answers, I just need to explore my options.

    In April 2007 I was involved in an accident with my ex... we were fighting, I tried to drive away and while I was pulling out of the parking spot she reached in the window, grabbed my arm off the wheel, which caused me to hit her vehicle. The police report written at the scene of the accident is worded in a way that clearly states she caused me to loose control. Un fortunately she waited 8 months before deciding to sue me because that's when we ended up breaking up. Now she is basically trying to suck every cent out of me. The judgement went in her favor because I don't have a copy of that police report anymore, it was somewhere in the apt we shared, which I no longer live in. I was told I can appeal, and I want to, considering I had no evidence for a defense when I went in front of the DJ. My question is about the likely hood this can be overturned if the poilice report is produced, making her responsible for the accident? Is there any limit to the time that can pass before she can't sue? This was 8 months ago and it wasn't an issue until we split up.

    Also I would like to know about how long I have to satisfy this judgement, and what penalties are associated not doing so? I ask because she threatens me constantly to come with a constable and take my vehicle, along with anything else she wants. I found a real leech in this girl. Any input is appreciated. Thanks!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 16, 2008, 07:39 PM
    Don't have a copy of the police report?? You go to the police station and they give you another copy, Sorry but why did you not get a copy,

    I am not sure you can appeal just because you did not produce your evidence, esp since it was available for you to get.

    And why did you not just turn it over to your car insurance and have their attorneys represent you in this, since they are liable to pay.

    Hire an attorney and see if he can find grounds for an appeal,
    puppetmaster4753's Avatar
    puppetmaster4753 Posts: 2, Reputation: 1
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    #3

    Jan 16, 2008, 08:00 PM
    Well one reason is because I really didn't think it through all that much. Im not very familiar with the way these things work, I just knew I wasn't at fault and I thought that would be enough. Im trying to learn a bit now. Fact is I know there is more I could have done.. right now I'm just wondering what I can do from this point other than pay. And in worst case... what can she do to make my life miserable if I can't come up with the money right away. Do I have a certain time frame to pay or can she come after me right away?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jan 16, 2008, 08:05 PM
    You don't have any time, unless the judge said you did.
    So now she can go back to court and ask for a garnishment of your wages ( if that is allowed in your area) attach your bank accounts.

    I don't know how much money this is, but you should not owe it, so you need to try and appeal NOW, unless it may even be too late.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jan 17, 2008, 08:06 AM
    Quote Originally Posted by puppetmaster4753
    Thanks for any answers, I just need to explore my options.

    In april 2007 I was involved in an accident with my ex... we were fighting, i tried to drive away and while i was pulling out of the parking spot she reached in the window, grabbed my arm off the wheel, which caused me to hit her vehicle. The police report written at the scene of the accident is worded in a way that clearly states she caused me to loose control. Un fortunately she waited 8 months before deciding to sue me because thats when we ended up breaking up. Now she is basically trying to suck every cent out of me. The judgement went in her favor because I dont have a copy of that police report anymore, it was somewhere in the apt we shared, which I no longer live in. i was told I can appeal, and I want to, considering I had no evidence for a defense when i went in front of the DJ. My question is about the likely hood this can be overturned if the poilice report is produced, making her responsible for the accident? Is there any limit to the time that can pass before she can't sue? This was 8 months ago and it wasnt an issue until we split up.

    Also I would like to know about how long I have to satisfy this judgement, and what penalties are associated not doing so? i ask because she threatens me constantly to come with a constable and take my vehicle, along with anything else she wants. I found a real leech in this girl. Any input is appreciated. Thanks!

    Police Reports are on file - literally - forever. So go to the Police Department and get a copy.

    Who said you could appeal and on what grounds? Not being prepared for trial is NOT a reason for appeal. My other thought would be she was responsible for the accident (perhaps) but YOU are responsible for the damage - the "if she hadn't done this, I wouldn't have done that" argument is simply not valid. For this reason I think the Police Report will not help you.

    Well, she can't just come and snatch up your belongings, Constable or no Constable - notices have to be filed and a procedure has to be followed.

    But, yes, she can take whatever means are at her disposal in order to satisfy the debt.

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