How to fight a subrogation suit when neither party was issued a ticket?: Involved in an accident, no bodily injury, just property damage. Officer could not determine who was at fault and did not issue a ticket to either driver. Driver#1 puts car in storage and purchase new car and thinks nothing of it, until served with lawsuit, where the Driver#2 goes thru their insurance for repairs and now the insurance company is suing Driver#1? What options does Driver#1 has? Driver#1 either had no insurance or was in a lapse (still debating with them). Can Driver#1 file a counterclaim against Driver#2 for the blue book value for car that sits in storage still damaged?
Alfred’s answer: If you've been sued by an insurance company for subrogation, it likely means that the insurance company paid its insured to repair the property damages, believes that you're at fault, and is looking for you to pay that amount. I would contact your insurance company and try to get a lawyer through that company. If your insurance company does not provide an attorney, I would try to get your own attorney quickly so you don't miss any deadlines. Good luck!
If a credit card company sues you, can they take wages or money from spouse in FL?: Hi, I live in FL and am about 30k in credit card debit, all in my name. I have no job or bank accounts, I haven't paid my credit cards in about 1.5 years. If I get sued, can they legally take money from my husband's bank accounts or salary if my name isn't on it? I was a victim of domestic violence for a long time, thus the amount and delinquency, and was too meek and afraid to tell my new, good, husband of 4 months about this when we married. He makes above the median salary for me to declare chapter 7, so just trying to find out how bad off I am. Thank you.
Alfred’s answer: A credit card company cannot take wages or money from your spouse in Florida unless that spouse was on the credit card too. If and when you get sued by the credit card company, you should talk with an attorney to make sure and get better details. Good luck!
Chapter 7 bankruptcy and keeping primary vehicle for work: Hello there. Is is possible to keep your primary vehicle, stop paying the loan but pay whatever equity is owed to the trustee minus Florida's exemption of $1000 (vehicle value $8500 - $6500 loan - $1000 exemption) thus paying the trustee $1000. Do I get to keep the vehicle if I stop making payments but still pay the equity I guess is what I am asking. Thank you.
Alfred’s answer: If you stop paying the vehicle, the company who loaned you the money for the vehicle can move for relief from the automatic stay and repossess your vehicle. It does not matter that it's your primary vehicle. It does not matter that you're using it to get to work. Now, once you file chapter 7 bankruptcy, you might be able to renegotiate the terms of the vehicle loan to make it more affordable. For more details, I would consult with a bankruptcy attorney.