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Last year I've into a car accident. the other party rear ended me. She was at fault, but she did not have car insurance...

Long Beach, CA |

I've tried to talk to her to pay me but she refused saying she does not have money. I took her to court and she did not show up and I won the case. Now, how can get money from her? what to do?
please help.

Attorney Answers 5

Posted

If you were injured and have Uninsured Motorist coverage, a local lawyer would go after that money.

Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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Scott J. Corwin

Scott J. Corwin

Posted

I agree, uninsured motorist claim is the way to go if you have that coverage.

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

I also agree on that issue.

Posted

If you were granted a judgment then check with the court on the procedures for docketing the judgment. Once docketed the judgment will show up if she ever wants a loan.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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Scott J. Corwin

Scott J. Corwin

Posted

The judgment should be recorded by you with the LA County Recorder's office, which will attach to any property she might own or own in the future as long as the duration of the judgment.

Posted

You need an experienced Southern California personal injury attorney to help you with this matter. You can proceed with an Uninsured Motorist claim and collect damages from your own insurance company as long as the statute of limitations has not expired. We are experts at handling Uninsured Motorist claims and have been in practice for more than 20 years assisting our clients with recoveries totaling more than $65,000,000, including hundreds of uninsured motorist claims. I hope that answers your question. Good luck to you.

Scott J. Corwin
www.sjclaw.com

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3 comments

Asker

Posted

The accident happened last year and I've gone to court this year. I did have any injury and I never got an attorney. The amount for the collection is just 600 dollars. :(

Richard Andrew Harting

Richard Andrew Harting

Posted

Actually, you probably will have difficulty moving through an uninsured motorist claim because the most policies contain a provision that preclude you from taking an action adverse to the insurance carriers ability to independently go after the other driver, which going to small claims would fit that mold. But in direct answer to your question - you can set a debtor's exam for the other person to come to court and you can ask them where all the money is located, bank accounts, their employer (to garnish wages, etc...) if they don't show a warrant can be issued.

Scott J. Corwin

Scott J. Corwin

Posted

While Mr. Harting is technically correct, you could still pursue a UM case. I have handled cases specifically like this in the past. The judgment in small claims can be assigned to the UM carrier.

Posted

If you decide to handle the collection efforts on your own then I suggest consulting a book called Collect Your Court Judgment by Nolo Press. I have placed a link to it below. You can check this book out at your local public library.

You also may want to obtain a certified copy of the judgment and get the clerk to certify a DMV form showing the judgment remains unpaid so the DMV will put a hold on the other driver's license until the judgment is paid.
Remember to obtain an abstract of judgment from the court and renew it before each 10th year anniversary until it is paid. If the other person owns real estate or may possibly own real estate in the future, take a certified copy of the abstract to the County recorder’s office for recording.

If you are a potential client, the information you disclose to us by email will be kept in strict confidence and will be protected to the full extent of the law. Please be advised, however, that the Law Offices of Frank M. Nunes, Inc. and its lawyers do not represent you until you have signed a retainer agreement with the firm. Until that time, you are responsible for any statutes of limitations or other deadlines for your case or potential case.

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Asker

Posted

Thank you very much for your advise, I will look into the book to see what is it that I can do. When I go to the clerk and ask for that form to DMV, will I ask for that and to put a hold on the other's driver license?

Posted

Read this form, it may help you get started in attempting to collect judgment:

http://www.courts.ca.gov/documents/sc200info.pdf

If the woman doesn't pay you can have a document served on her the requires her to state her assets. If she doesn't fill out the form then you can file a different form with the court requiring her to show up in Court to provide a statement of her assets.

Once the debtors income and assets are determined, you can take certain property or lien certain property to recoup your payment.

I would advise you to hire a local attorney.

This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter.

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2 comments

Asker

Posted

nobody wil take the case because it is only 600.00 dollars of debt. :(

David M Blain

David M Blain

Posted

Well, you can fill out the forms mentioned in the article I provided and attempt to collect on the judgment yourself. Good luck.

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