accident and now being sued

[nrock]

My brother-in-law was in an accident when he was 16. He was listed at fault and carried no insurance and neither did his mother, which the vehicle belonged. He was cited with reckless operating of a vehicle.
He is in Nebraska and you are not considered a legal adult until the age of 19. When he turned 18 he and his mother signed a contract holding HIM liable for the damages. He had no way of paying the amount (at the time the amount was $3500 with an addendum that he would pay for medical expenses at an undetermined amount). He didn't understand exactly what he was signing but his mother had told him to do it and signed next to him.
Currently he is being sued for apx. $30,000 for medical and vehichle damages. Can he get a dismissal due to it being nearly 4 1/2 years since the accident and he signed the papers when he wasn't considered a legal adult in Nebraska?
Please respond ASAP!
Thanks!

 

[I AM ALWAYS LIABLE]

My brother-in-law was in an accident when he was 16. He was listed at fault and carried no insurance and neither did his mother, which the vehicle belonged. He was cited with reckless operating of a vehicle.
He is in Nebraska and you are not considered a legal adult until the age of 19. When he turned 18 he and his mother signed a contract holding HIM liable for the damages. He had no way of paying the amount (at the time the amount was $3500 with an addendum that he would pay for medical expenses at an undetermined amount). He didn't understand exactly what he was signing but his mother had told him to do it and signed next to him.
Currently he is being sued for apx. $30,000 for medical and vehichle damages. Can he get a dismissal due to it being nearly 4 1/2 years since the accident and he signed the papers when he wasn't considered a legal adult in Nebraska?
Please respond ASAP!
Thanks!

My response:

First, the legal age of "adulthood" in all 50 States, and parts of Burbank, is 18 years of age - - not 19. So, when he signed the agreement, he was "of age" to enter into contracts.

Second, Nebraska has a 4 year Statute of Limitations for filing a lawsuit. As long as the lawsuit was FILED in court within those 4 years, the lawsuit is TIMELY. He may have been "served" with the Summons and Complaint AFTER the 4 years, but as long as it was FILED in court, it's proper.

His only way out of this matter is to:

1. Pay an attorney for a defense, and hope that any settlement or judgment eventually made against him is within his means to pay; or,

2. File Bankruptcy and to include this litigation, along with all other debts, in his filing. This will put an immediate STOP to this matter, forever.

If he should lose the lawsuit, and the Plaintiff obtains a judgment against him, that judgment will be good against him for the next 20 years (that's right, 20 years), and it carries a provision for interest at the rate of 2% over the Prime Lending Rate, per year.

Suffice it to say, a judgment over that many years could grow geometrically, and the Plaintiff could become a real "friend that you don't want" over that period of time. There's much more to judgments, and the problems they can cause.

He really should see an attorney for further specific advice. No matter what, he must do something, and do something NOW. Never, never ignore a Summons and Complaint.

Good luck to all.

IAAL

 

[nrock]

One more question, is it 4 years from the date of the accident or 4 years from the date the paper was signed?
Thanks for all of your advice!

 

[nrock]

One more question, is it 4 years from the date of the accident or 4 years from the date the paper was signed?
Thanks for all of your advice!

 

[I AM ALWAYS LIABLE]

One more question, is it 4 years from the date of the accident or 4 years from the date the paper was signed?
Thanks for all of your advice!

It's 4 years from the date of the accident, and 6 years from the date of signing on the contract (Promissory Note).

IAAL