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Angela Hubbard · Mar 28, 2008, 07:03 AM

My mother was sued when I was 16, for a car accident I had that year. When I turned 18, it was then put on me. I knew of none of this until I turned 25, and tried to get my license. Not being able to pay it at that time, it kind of slipped my mind. Now I'm about to be 35, and still can't get my license. I am now on disability, and it will be hard to take care of this. My question is 2-part : Should the judgement still be there? If so, should I make payment arrangements on the original debt of $5511 (that's WITHOUT the interest!)? This was in 1990.

excon · Mar 28, 2008, 07:12 AM

Hello Angela:

No, the judgment should not still be there. They're good for about 10 years (depending on your state) and can be renewed, but I doubt very seriously whether this one was.

Instead of paying the judgment, I'd pay a lawyer a little bit first...

excon

ScottGem · Mar 28, 2008, 07:41 AM

Before you even go to a lawyer see if the information about the judgement lists a court and docket #. Then you can contact that court yourself and ask if the judgement is still in force. If it is, they can let you know when it expires. You can then decide whether to offer a settlement or not.

If it isn't still in force, get a statement from the court to that effect and take it to the DMV.

I think you can do this without a lawyer, since its only legwork.

JudyKayTee · Mar 28, 2008, 09:01 AM

Originally Posted by Angela Hubbard

My mother was sued when I was 16, for a car accident I had that year. When I turned 18, it was then put on me. I knew of none of this until I turned 25, and tried to get my license. Not being able to pay it at that time, it kind of slipped my mind. Now i'm about to be 35, and still can't get my license. I am now on disability, and it will be hard to take care of this. My question is 2-part : Should the judgement still be there? If so, should I make payment arrangements on the original debt of $5511 (that's WITHOUT the interest!)? This was in 1990.

I never heard of a Judgment against one person changing into a Judgment against another.

At one time In NYS - and I believe a couple of other States - and it may have changed, I haven't come across it in some time - if there has EVER been an unpaid Judgment due to injuries arising out of a motor vehicle accident you cannot get a drivers license until you pay the Judgment. DMV keeps the records, not the credit bureau.

The time frame did not matter. "Ever" meant just that.

Otherwise I agree with what's been posted - check with the Courts, check with your Attorney.

excon · Mar 28, 2008, 09:19 AM

Originally Posted by JudyKayTee

I never heard of a Judgment against one person changing into a Judgment against another.

Hello Judy:

Excellent work. Went right over my head.

excon

ScottGem · Mar 28, 2008, 10:14 AM

Yep good catch Judy. I suspect the judgement is still against your mother, but the restriction was put on your ability to get a license.

Angela Hubbard · Mar 30, 2008, 07:58 AM

Originally Posted by ScottGem

Yep good catch Judy. I suspect the judgement is still against your mother, but the restriction was put on your ability to get a license.

I haven't went the court house yet, but I did go online. I found my case file, and it stated that my case is closed. So, now I should go the courts and get something that states my case is closed, right? I forgot to mention that there were no injuries in the accident - only property damage.

JudyKayTee · Mar 30, 2008, 08:39 AM

Originally Posted by Angela Hubbard

I haven't went the court house yet, but I did go online. I found my case file, and it stated that my case is closed. So, now I should go the the courts and get something that states my case is closed, right? I forgot to mention that there were no injuries in the accident - only property damage.

Hi again, Angela - the fact that the CASE is closed does not mean the JUDGMENT is closed. These are two different things.

For example - say I'm in an accident and the other driver takes me to Small Claims Court; the Judge rules against me and for the other party; the other party is awarded damages and receives a Judgment against me in a certain dollar amount. I believe yours is over $5,000 - ? Anyway, the CASE is now closed (because there has been a decision) but the JUDGMENT is not closed because it is unpaid.

Obviously when I pay the JUDGMENT, then it becomes paid and void.

I have an Attorney friend in Wisconsin and he "thinks" (which is frightening because he practices Law) that you cannot obtain a drivers license in Wisconsin if you have an unpaid Judgment resulting from a motor vehicle accident. He sent me this: "If your judgment resulted from a motor vehicle accident, you'll want to contact the Motor Vehicle Licensing Division of your state government. If the debtor was driving without valid insurance, some states will suspend his driver's license." There is another provision for an accident and Judgment - you don't only have to be driving uninsured.

I still don't understand how a Judgment against your mother turned into a Judgment against you -

Angela Hubbard · Mar 30, 2008, 10:03 AM

Originally Posted by JudyKayTee

Hi again, Angela - the fact that the CASE is closed does not mean the JUDGMENT is closed. These are two different things.

For example - say I'm in an accident and the other driver takes me to Small Claims Court; the Judge rules against me and for the other party; the other party is awarded damages and receives a Judgment against me in a certain dollar amount. I believe yours is over $5,000 - ? Anyway, the CASE is now closed (because there has been a decision) but the JUDGMENT is not closed because it is unpaid.

Obviously when I pay the JUDGMENT, then it becomes paid and void.

I have an Attorney friend in Wisconsin and he "thinks" (which is frightening because he practices Law) that you cannot obtain a drivers license in Wisconsin if you have an unpaid Judgment resulting from a motor vehicle accident. He sent me this: "If your judgment resulted from a motor vehicle accident, you'll want to contact the Motor Vehicle Licensing Division of your state government. If the debtor was driving without valid insurance, some states will suspend his driver's license." There is another provision for an accident and Judgment - you don't only have to be driving uninsured.

I still don't understand how a Judgment against your mother turned into a Judgment against you -

Hi Judy!
Thanks for all the info. I guess what I have to do now is try to negotiate a payment plan with American Family(The Plaintiff).

JudyKayTee · Mar 30, 2008, 10:11 AM

Originally Posted by Angela Hubbard

Hi Judy!
Thanks for all the info. I guess what I have to do now is try to negotiate a payment plan with American Family(The Plaintiff).

And you can always offer less and see if they'll bargain!

(And also make sure the Judgment is still valid. If it is no longer valid, then you'll have to check with DMV to see whether you can get a driver's license. Obviously if you pay it, you can.)

ScottGem · Mar 30, 2008, 11:26 AM

If the Plaintiff is a company, either they were given the case for collection or (judging by the name) they could be the insurance company for the damaged party. They may have paid out a claim to their client (the damaged party) and then sued for reimbursement. Frankly I think that's the most likely scenario. If so, they are likely to be conscientious about renewing the judgement.

So you first step is, as I suggested, make sure the judgement is still in force. If it is, you will have to negotiate with the plaintiff for a settlement.

Angela Hubbard · Mar 30, 2008, 02:29 PM

Originally Posted by JudyKayTee

And you can always offer less and see if they'll bargain!

(And also make sure the Judgment is still valid. If it is no longer valid, then you'll have to check with DMV to see whether or not you can get a driver's license. Obviously if you pay it, you can.)

QUESTION: Where do I go to find out if the judgement is against my mother or me? Because my mother now CLAIMS, that she was never contacted back then about any of this. Even though, that is how I initially found out there was even suit. Am I basically screwed, and have to pay - or is my mother still liable?

Angela Hubbard · Mar 30, 2008, 02:36 PM

Originally Posted by ScottGem

If the Plaintiff is a company, either they were given the case for collection or (judging by the name) they could be the insurance company for the damaged party. They may have paid out a claim to their client (the damaged party) and then sued for reimbursement. Frankly I think that's the most likely scenario. If so, they are likely to be conscientious about renewing the judgement.

So you first step is, as I suggested, make sure the judgement is still in force. If it is, you will have to negotiate with the plaintiff for a settlement.

Hi Scott!
Thank you for all your info. I'll post an update tomorrow after I go to the court house.

JudyKayTee · Mar 30, 2008, 02:49 PM

Originally Posted by Angela Hubbard

QUESTION: Where do I go to find out if the judgement is against my mother or me? Because my mother now CLAIMS, that she was never contacted back then about any of this. Even though, that is how I initially found out there was even suit. Am I basically screwed, and have to pay - or is my mother still liable?

If the Judgment is against your mother it doesn't automatically go against you - ask the people trying to collect for a copy of the papers. If THEY are pursuing you the Judgment would have to be against you.

It's also too late now for your mother to claim she never knew about it - you could always make a stab at it but I don't see it's happening. You were in an accident with no insurance, right? I would assume in your mother's car?

You very well may not have a Judgment against you - or, again, you might.

You can also always go to the Courthouse and check the Judgment. They'll either look it up for you or point you in the right direction.

Let "us" know how it works out, okay?