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I am being sued by an Insurance company for an accident that happened 3-4 years ago.

Los Angeles, CA |
Filed under: Lawsuits and disputes

I did not receive any notice of being served even though they state I was served last year. I moved from my residence and apparently I was served without my knowledge I missed the court dates and they ruled against me. Now I owe over 18 grand. Can I call the Insurance Company and try to make payments on half of the debt? I cannot afford to pay the whole amount. I need help!

Attorney Answers 8


  1. Speak/retain an attorney before you doing anything.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  2. You need to very promptly make a motion to set aside the default and judgment, by showing you did not reside at the subject address on the date of alleged service. You could possibly do this yourself but it is a skilled motion. You are best with an attorney, but your problem will be money. ost attorneys will want $3-$5k to embark on this task and there is no guarantee of success. You an also contact the attorney for the insurance carrier and provide proof you did not reside at that address, but I'd be very careful about the information you disclose. Again an attorney may be able to show all this to the other attorney and cut some kind of deal. You can also consider and consult about BK.


  3. It is imperative that you contact an attorney immediately. If you had insurance at the time of the accident, contact the insurance carrier.


  4. Retain a local lawyer to vacate the judgment.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  5. As my colleagues have so stated, this case is going to be expensive to litigate but without you contesting the service the only thing you are going to be able to do is pay up or , call the other lawyer to settle your case. If you moved out before they served you, then you did not have proper notice and normally you should prevail. If you prevail, then the battle begins. If there was an accident and you were at fault, your insurance company should be able to defend this case. If you had no insurance and you cannot pay, you should consider bankruptcy. Achapter 7 could wipe out the debt. A chapter 13, could allow you to pay a portion of the debt and allow you to achieve your goal. Call me if you need further guidance. Best of luck

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


  6. I agree with the others. that should immediately retain counsel to deal with the judgment particularly if as you state that you were not properly served.

    This answer is for general purposes only and does not establish an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can ask all the appropriate questions and provide legal advice based on the exact facts of your situation.


  7. If you had liability insurance at the time of the accident, you should immediately inform your insurance carrier of the judgment and ask them to pay or to have the default vacated; the insurance company can pay for the attorney.


  8. You should immediately seek a consultation with an attorney in your area. They may be able to file a motion to vacate the judgment due to lack of proper service if possible. However, at the same time you should notify and tender your insurance carrier at the time so that they open a claim and potentially then hire a defense attorney to represent you. The insurance company has a duty to defend and should take you out of harms way, depending on what kind of case this was and if there was any actions by you that would exclude coverage.

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