If a lawsuit is filed and you ignore it, they will get a default judgment against you. With the default judgment, they would be able to collect it by means such as garnishing your wages. In short, it is a horrible idea to ignore it. Speak with an attorney.
it is really your best interest to try to communicate with the insurance company as soon as possible. You may also want to speak to an attorney in your area for some assistance. If they file a lawsuit against you and you do not answer the complaint they will get a judgment canst you. In most states including yours when a judgment is obtained in connection with a motor vehicle accident the judgment holder, in your case this would be the insurance company, would not only be able to garnish your wages but they could move to suspend your driver's license.under California law the insurance company would be entitled to suspend your license so long as they obtain a judgment against you. There is no minimum damage threshold in California that would prevent the insurance company/judgment holder from suspending your license. This of course would be really bad for you. I recommend that if possible, you try to get back on the payment plan or negotiates an affordable lump sum settlement. If you believe that you have a defensible claim, in other words the accident was not your fault, you need to speak to an attorney immediately so that he can defend you. Of course, you will likely incur hourly attorney's fees. Whatever you do, do it soon before you find yourself with a suspended driver's license. Good luck.
Peter J. Lamont, Esq. Law Offices of Peter J. Lamont 146 Florence Avenue, Hawthorne, NJ 07506 Phone: (973) 949-3770 Fax: (866) 603-0471 Toll Free: (855) NJLAW01 (855) 655-2901 www.peterlamontesq.com Additional Offices in Massapequa, NY, San Juan, PR and affiliates throughout the country. PLEASE NOTE: The above statements are provided for informational purposes only and do not constitute legal advice. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. You should not act or rely on any information contained on this site without first seeking the advice of an attorney.
I suggest that you don't ignore the calls. If there is a default judgment against you, the judgment is good for 10 years, and renewable for another ten years. It could really mess up your credit, and the judgment creditor can continue to hassle you every 120 days with a debtor's examination and garnishment of your wages for the next 10 to 20 years. You are better off telling the insurance company that you have no regular income, and can't pay very much. It is possible you can agree on a dollar amount which you can then pay off over time in installments. It is better to put a cap on the amount you will have to pay rather than have a default judgment wherein you have no control over the final dollar amount.
The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.
If a lawsuit is filed and served on you and you ignore it, they will be able to obtain a "default" judgment against you for any and all amounts that they can prove to the court.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.
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