QUESTION
Can I still get sued from a car accident in 2009 if my mom already settled her half of the debt?
Asked on Sep 01st, 2013 on Bankruptcy - Missouri
More details to this question:
I found out there was a bank garnishment on my account because my accounts at the bank were frozen all of the sudden. Some one sued me and my mom in 2009 after another party driving a car that she co-signed on (I was 18 with no credit) and "friend drove my car and crashed into someone who sued for about $40,000. My mom settled her debt and I never heard anything else about it until finding out that it was divided into two case and my $20,000 lawsuit still remains. I started putting funds into a bank account and an asset company got wind of it and froze my accounts. I don't know if filing bankruptcy would help, or if this is allowed to occur. I'm just trying to figure out my options in this matter and what can happen next. I'm in the process of looking for a bankruptcy lawyer now, I just wanted to know some opinions on this as of right now.
6 ANSWERS
Deborah F. Bowinski
It sounds as though you are confused as to what actually took place. It sounds as though both you and your mother were defendants in the lawsuit, and that the creditor obtained judgments against each of you. The fact that your mother negotiated some settlement with them for herself does not protect you from the rest of the amount of the judgment. It does not sound like they are suing you now, only that they are trying to collect if that prior judgment. Most debts like this are dischargeable in bankruptcy, but it would take a more careful analysis and a review of the court papers to know for certain. You should consult with an experienced bankruptcy attorney and then retain them to assist you in filing your case if you decide that bankruptcy is a reasonable solution.
Answered on Sep 11th, 2013 at 4:24 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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Based on the facts you have set out, it sounds like they can pursue you for this debt. A bankruptcy (Chapter 7) could eliminate this as long as the debt is not for injury cause while you were under the influence and driving.
Answered on Sep 11th, 2013 at 4:24 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Whatever your Mom settled, she did not settle your remaining responsibility for the debt nor could she in most cases. Not hearing anything does not mean anything. The filing of a bankruptcy case is probably the only thing that would help.
Answered on Sep 11th, 2013 at 4:24 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You can get sued within the statute of limitations period. You can discharge it in a chapter 7 if you wee not driving while intoxicated or under the influence of drugs.
Answered on Sep 11th, 2013 at 4:23 PM
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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I am very concerned that you were not adequately defended in the underlying action. A bankruptcy may solve your problem, but you need a complete interview to determine income, assets, and liabilities.
Answered on Sep 11th, 2013 at 4:23 PM
It sounds like you already were sued and a court entered a judgment against you. Under those circumstances, there would be no need for the creditor to sue you again. Many people never receive notice of a lawsuit because the refuse to answer the door when the process server comes by or they hide under the radar by moving and not leaving a forwarding address. It is likely that bankruptcy would discharge this debt if you can qualify to file.
Answered on Sep 11th, 2013 at 4:23 PM