QUESTION

Does the other party's attorney have to let me do a payment plan? Or if I lose at court will the court repossess my car and all my belongings?

Asked on Feb 10th, 2021 on Litigation - California
More details to this question:
I was in an at fault accident. The other partys insurance attorney wants me to pay $30,000 out of pocket for some reason. Do they have to allow me to do a payment plan? Or if I went to court and lose would the court take away my car and all of my belongings?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
I gather you don't have insurance (if you do notify your insurance company right away) and are talking about a potential settlement of a claim which has not yet been litigated  If so, you should know that settlements are voluntary agreements and nobody is required to agree to anything.  If you go to court and lose, a judgment will be entered against you.  IF you don't pay that judgment, or agree on a schedule for paying it off, the plaintiff, now a judgment creditor, will avail himself/herself of various procedures to collect on the judgment, which could include seizing and selling your assets to pay down hte judgment.  Some assets are exempt from this procedure, but you will have to check the extmptions in California (I'm sure you can look them up online) to see what assets would be exempt.
Answered on Feb 11th, 2021 at 1:09 PM

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