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 Posted: Sat Aug 30, 2008 11:02 am Subject: Judgement from an insurance company |
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6 years ago my son was involved in a serious car accident and him and his friend were injured. My son was at fault (DUI), and his car insurance had lapsed, therefore he had no insurance at the time.
His medical bills were paid through my health insurance and his friend's bills were paid through his parent's insurance. We were fortunate that the other family never sued us as they thought they were both a fault.
A year and a half later, his friend's insurance started sending my son letters asking him for $500,000 that they paid his friend. They sued him and sent him by mail a notice of the hearing. At the time my was in jail for a few months (because of the DUI) and sent them a statement notarized by one of the deputies indicating that he was incarcerated and cold not attend the hearing.
The hearing went through and a judgement was placed on my son's credit report. He has been out of jail, going to school (graduating with a Bachelor's Degree in October), has a fulltime job, but no license. His license was revoked for 5 years and just a couple of months ago, after a lot of meetings and hearings with the drivers licenses people, they have finally agreed to reinstate his license. He just has to have a letter from the insurance company indicating that they are willing to take payments on the $110,000 judgement they have against him. He has tried to contact them, but they want the amount in full.
Can that be done? He complied with their request by telling them that he was in jail at the time and could not attend the hearing, and they still had the hearing without him.
Does anyone know if he can appeal that decision?
Thanks.
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lrhall41
Joined: 22 Jan 2007
Posts: 203
Debtcc Points: 3528
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| Posted: Sat Aug 30, 2008 12:54 pm Subject: |
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We are in Florida. It would be helpful to know if he has any rights in appealing the judgement.
Thanks for your response.
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lrhall41
Joined: 22 Jan 2007
Posts: 203
Debtcc Points: 3528
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NASCAR_Devil
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Joined: 20 Jun 2008
Posts: 1990
Debtcc Points: 9792
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| Posted: Sat Aug 30, 2008 1:34 pm Subject: |
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Here are FL's Judgement and BK exemptions:
| Quote: | In general, a debtor may claim exemption of his homestead and non-exempt personal property from attachment or execution of a judgment, or in a bankruptcy proceeding.
Any person may claim exemption of his or her homestead from forced sale under any process of law by recording a written statement containing a description of the real property, mobile home, or modular home claimed to be exempt and declaring that the real property, mobile home, or modular home is the homestead of the party in whose behalf such claim is being made, with the Circuit Court , (Section 222.01.)
Certain personal property is allowed by law or by the State Constitution to be exempt from levy and sale, the debtor may claim such personal property to be exempt from sale by making, within 15 days after the date of the levy, an inventory of his or her personal property. (Section 222.061.) Personal property which may be exempt include certain portion of wages (Section 222.11), life insurance policies (Section 222.13), annuity contract (Section 222.14), unemployment compensation benefits (Section 222.15), disability benefits (Section 222.1 , pension and retirement funds (Section 222.21), motor vehicle up to a value of $1,000 and interest in any professionally prescribed health aids for the debtor or a dependent of the debtor (Section 222.25).
Section 55.146 of the Florida Statutes further provide that all property of a judgment debtor where the judgment is in favor of any state for failure to pay that state's income tax on benefits received from a pension or other retirement plan is exempt from forced sale under process of any court, and no such judgment or execution based thereon shall be a lien on such property.
In accordance with the provision of s. 522(b) of the Bankruptcy Code of 1978 (11 U.S.C. s. 522(b)), residents of this state shall not be entitled to the federal exemptions provided in s. 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. s. 522(d)). (Section 222.20.) However, an individual debtor under the federal Bankruptcy Reform Act of 1978 may exempt, in addition to any other exemptions allowed under state law, any property listed in subsection (d)(10) of s. 522 of that act. (Section 222.201.) |
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Texas Residents
All CA's are required to post a bond with the SOS
http://direct.sos.state.tx.us/debtcollectors/DCSearch.asp
When requesting Validation, reference the FDCPA as well as Chpter 392 of the TFC:
http://tlo2.tlc.state.tx.us/statutes/docs/FI/content/htm/fi.005.00.000 392.00.htm
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NASCAR_Devil
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Joined: 20 Jun 2008
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| Posted: Sun Aug 31, 2008 7:43 am Subject: |
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Thank you for the information Nascar but I don't understand the BK stipulation. Is he exempt if he files for bankruptcy?
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lrhall41
Joined: 22 Jan 2007
Posts: 203
Debtcc Points: 3528
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| Posted: Tue Sep 02, 2008 5:43 am Subject: |
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wow that must have been some accident, I hope his friend and the other person is okay?
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smo65d11
Joined: 21 Mar 2008
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