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My son is getting sued for 50.000 he has no assets

Linden, NJ |

my son who is 23 was in a car accident he was at fault. His car insurance lapsed. He is being sued for 50.000. he hit a bus and their insurance is suing him. he owns nothing but an older Honda. what are his options as far as bankruptcy? Is that a good choice ?

Attorney Answers 4

  1. Generally car accidents are negligence, which is the kind of tort that can be discharged in a bankruptcy action. Your son should see a BK lawyer ASAP. The BK will take his credit many years to recover, but this does seem like his best option.

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  2. You should consult with experienced bankruptcy counsel to make this decision. An attorney will go through his income and expenses, his debts and whether it is the right decision for him. There may also be other considerations as well depending upon the circumstances surrounding the accident.

  3. He should definitely consider bankruptcy and talk to a bankruptcy attorney to confirm this would be a good idea for him. Most of us bankruptcy attorneys give free consultations. Here is a link to the many legal guides I have written about the bankruptcy process:

    The information provided herein is general information only and not legal advice. The information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with an attorney. It is important to have a consultation with an attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation.

  4. In New Jersey, a judgment for damages arising from a car accident will cause your son's license to be suspended for as long as the judgment remains unpaid. In a case like this bankruptcy may be the only way for him to keep his license.