Accident-party at fault uninsured PART 2

[KJWhitt]

What is the name of your state? Texas

I posted a couple of weeks ago about this and I thank everyone who offered assistance.
Here's a quick recap:
A young man (18 yrs) ran a stop sign and broad sided my van. The car he was driving is titled in his name and he was uninsured. I have attempted to contact him by phone and left a couple of notes on his door at home to no avail. He did call once while I was out of town but since then he won't answer his phone or return my calls. (damn, I'm STILL grinding my teeth over this!)

I suppose I need to try to get a judgement against him and I need to know how. No I cannot afford an attorney. I assume I'll need an estimate on the amount of damage done to my vehicle and a couple of snap shots of it can't hurt. I'll need a copy of the accident report. There was a witness who lives near where the accident took place who I can probably find if needed.
How am I doing so far?
What I don't know is where I should file for the judgement. Neither the kid who caused the wreck nor I live in the county (Parker) where the accident took place. I live in the city of Fort Worth and he lives in the city of White Settlement, both are in Tarrant county.

Also, isn't there some way to make sure this kid's license gets suspended for driving uninsured? I thought I read (or heard) where it's possible to do that.

This kid does have ajob. He is part of the pit crew for a car racing team out of Dallas. I imagine it's a cool job, he gets to travel all over the country. There's a big ol' web site all about them, his pic is right up there with the 'team". Ain't that just a friggin DEAL? I can't even get to the grocery store.

Once again, thanks in advance for any assistance you guys can offer.What is the name of your state?

[ecmst12]

Do you have collision or uninsured motorist coverage on YOUR insurance? If so, that would make your life much easier.

[KJWhitt]

No, I only have liability insurance on my automobile. I cannot afford any more coverage because my income is the small amount I receive from SSDI. I am disabled as I have a rare pulmonary disease.

[ecmst12]

In that case, I *believe* you would sue him in small claims court in the county he lives in, but stand by for advice from actual lawyers

[KJWhitt]

Standing by, anxiously awaiting the onslaught of legal exchange and knowledge.

[acmb05]

Originally Posted by KJWhitt

Standing by, anxiously awaiting the onslaught of legal exchange and knowledge.

Get the estimates for your van to be fixed(2 or 3 would be good) then if it does not surpass your states small claims court limit you can sue him there. If you win you can then attach his bank account or anything else he owns in order to get your money.

[garrula lingua]

The county in which the accident took place is the correct jurisdiction for the lawsuit (it will also be more convenient for your witness (that witness is very important, as s/he is 'neutral').

You are right - the police report, and pictures of the damage to your car are vital.
As acm said, get several estimates for the repairs.

...if there was a police/accident report, why wasn't the kid ticketed on the spot ?

... do they have any disabled/sr services in your area such as dial-a-ride or somesuch ?

[KJWhitt]

What is the limit to file in small claims court? Do I do htis in the county or city where the accident took place? Or should I file in the city or county where he resides?

[KJWhitt]

The kid was given two tickets at the scene of the accident. One for no insurance the other for running the stop sign. My aunt has loaned me a car I can use for a while.

So, I should file at the county seat where the accident took place. Will do, thanks.

[attnysteve]

The small claims limit in Texas is $5,000.00.

Your suit can be filed in the county where the accident took place, or where the defendant resides. The JP Court (small claims court) will have forms you can use to set up your suit and get service on the defendant.

You will need estimates for your repair, photos, witnesses, the police report, and any other evidence that applies to the facts of the accident and your damages. It would be best if your repair estimates were put in as live testimony by the body shop, if they won't appear live, then you need them to give you the estimate in the form of an affidavit that states their qualifications as an expert in estimating repair costs.

Small claim court costs are pretty low, but you need to be aware that the defendant has an automatic right of appeal to a higher court if you win. If he has few assets, it is unlikely he would appeal, but it is then also unlikely he could pay the judgment you get.

Once you get your judgment, you can seek to collect it, if he doesn't pay, you will have to abstract your judgment into a lien to place on his property. If he has no real estate, then there may be nothing to put a lien against. You could seek a writ of attachment at that point to give you permission to take assets of his which are not exempt under Texas bankruptcy rules. However, those rules will not allow you to take his home, his car (if he only has one), or his wages.

[KJWhitt]

I have finally collected everything I need to file on this guy in small claims court and I will do that Monday. I drove by his house yesterday and he has a 'for sale' sign in his front yard now. If I win in court can he sell his house if he hasn't paid me? If a court date has been set can he sell it prior to that date? Or will a judgement even effect whether or not he can sell his house if he hasn't paid me?

STILL grinding my teeth.

Thanks again for your help.

KJ