QUESTION
Can my wages be garnished if I do not pay the insurance company?
Asked on Dec 31st, 2012 on Personal Injury - California
More details to this question:
I was driving without insurance and got in an accident. The accident was the other driver's fault. He ran a red light. So the other cars insurance filed a lawsuit against me. So they want me pay them over $8000, which I can't afford. Do they have the power to garnish my wages if I don't pay?
10 ANSWERS
If they sued you and obtained a judgment against you, yes to some degree they can garnish your wages.
Answered on Jan 13th, 2013 at 7:02 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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They get a judgment and harass you for 10 years if they care to and they go to DMV to take your license if you don't pay a judgment based on your failure to have insurance.
Answered on Jan 09th, 2013 at 9:45 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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If you live int Texas, the insurance company can't garnish your pay. It can, however, get your driver's license suspended. If the other driver ran a light and hit you, I recommend you fight the lawsuit even if you can't afford a lawyer. I would note, though, that a lawyer's fee would be less than the $8,000 you're being sued for. Good luck.
Answered on Jan 09th, 2013 at 8:33 PM
Yes. If the accident was the other guy's fault, you may want to consider filing suit against him to recover for your damages.
Answered on Jan 05th, 2013 at 9:42 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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No. Furthermore, they would have to sue you and prove you were at fault to even get a judgment against you. Wage garnishment is not available in S.C. to collect a judgment.
Answered on Jan 05th, 2013 at 9:39 PM
Thomas Edward Gates
If they get a judgment against you they can garnish your wages.
Answered on Jan 05th, 2013 at 9:38 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If they win a judgment against you, and your wages exceed the exemption amount, they can garnish your wages. Your best bet is to contest their lawsuit. A good lawyer can help.
Answered on Jan 05th, 2013 at 9:38 PM
Insurance Law Attorney serving Gainesville, FL
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Steven Kalishman, P.A. Law Offices
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If the other driver is determined to be at fault, you don't owe anything.
Answered on Jan 05th, 2013 at 9:27 PM
Ronald A. Steinberg
If they get a judgment against you, they sure do.
Answered on Jan 05th, 2013 at 9:26 PM
Personal Injury Attorney serving Los Angeles, CA
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Law Office of Malosack Berjis
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You always face the possibility of your wages being garnished when a judgment is entered against you and you cannot afford to pay the judgment creditor. But, like many other things in the law, there are exceptions (* e.g.*, SSI benefits are exempt from enforcement of judgments).
Answered on Jan 05th, 2013 at 9:26 PM