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Darwin44 · Mar 12, 2010, 03:34 PM

I am being sued by a police officer who was injured while pursuing me.. I was found guilty and am currently serving time for the crime. The police officer filed a civil case. Does he have that right? Secondly I he won a default judgement because I was incarcerated for the crime when the judgement was rendered. Do I have any recourse?
Thank you
RMV

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twinkiedooter · Mar 12, 2010, 03:42 PM

Were you served with the Summons and Complaint in jail? Did you file an answer to this?

Fr_Chuck · Mar 12, 2010, 05:59 PM

You can request to be present for the court case. Yes of course he can sue you for damages if you were the cause of his injuries,

You can try and prove that you were not the one being chased ( being in jail for it, sort of makes that hard)
Prove that perhaps high speed chases were against his department policy so he had some liablity to lesson the judgement.

But no reason he can't sue you. So if you have money in the bank, he may well get it

Darwin44 · Mar 14, 2010, 08:51 AM

I was serverd while was and still am incarcerated. The summons/paperwork went to my home and I did not learn about it until after a default judgement was rendered.

Fr_Chuck · Mar 14, 2010, 10:35 AM

Then whoever received it for you, did not tell you about it, and you need to ask them why. But since it went to your home, and someone received it, you should have known about it. And since most prisons don't allow inmates to be on the internet, I wonder where you really are. You IP address tracks back to
Miintdef.sbc.com

Darwin44 · Mar 14, 2010, 10:55 AM

Chuck it made no sense to say my friend, because you would probably think Its me anyway and some prisoners do have access to email and have email accounts for approved people on their list on their only, because of no or limited internet access I am assisting in trying to find some answers. I have found a rule or law called the firefighters rule, but I guess that does not apply in this instance, In response to your answer the default judgement was not learned about until after it was entered. Its not that anyone withheld it. There was no one there to receive it.

ScottGem · Mar 14, 2010, 11:19 AM

You can get the judgement vacated on the grounds of improper service, if no one signed for the summons.

JudyKayTee · Mar 14, 2010, 11:59 AM

In NY no one has to sign, accepting service, if the Summons is directed to a third party (or, for that matter, for service on an individual). Many other States are similar. A person serves the paper on a person who is the age of majority and follows up by mail. It's legal service. The server fills out an affidavit of service and files it with the Court.

I have never had a service set aside - many servers (myself included, on occasion) actually photograph the premises. I appreciate that that does not prove service but it proves that I was there - and why would I be there if not to serve papers?

I NEVER ask anyone to sign that they have received a Summons or Subpoena but I'm sure others do.

OP's best bet is to attempt to set aside for lack of service or bad service.

I'm somewhat confused - is Judgment against OP or insurance company or both? Why didn't OP's insurance cover this - unless it was a deliberate act on part of OP and even then papers CAN be worded to cover such an event.