dont want to owe

[jstnhugh]

What is the name of your state? virginia i was in an auto accident in a work truck and found to be out of the scope of employment+neg. my employers insurance co has filed a warrant in debt to collect damages they paid out for the truck i am not in a position to pay right now and i would like to avoid any garnishment etc i have heard bankruptcy is not an option in va what are my options and what can i do in court to help myself(only asking in general) also if my ex employer had been making his insurance payments and i have to reimburse his insurance co for damages and interest aren't they making out pretty good on this deal. and if i point this out to the judge is he going to laugh out loud

 

[ProResearch]

Hi jstnhugh,

I do like to at least give a response when I can. Sounds like you have gotten into a mess!

My new response for many is a wonderful Search resource for those to possibly find answers quickly. You are not alone

How do you do it? From this web site at freeadvice.com..... you will see 'Forum Features', click on SEARCH icon and then as that page comes up enter either a keyword or phrase (subject) ~ or~ enter a member name (if you like what you saw you might only want posts from that member). In your case, I would search on the words, "garnishment" ...... or "owe[ing]", or "at fault" etc. (and without the quotes)..... and see what kinds of posts from the past (with replies) you come up with.

It is excellent. Give it a try, k?

If you owe the money, you will have to pay for it. If you can make some payment arrangement and actually honor it, I would think garnishment might be bypassed.

Have you checked with an attorney?

 

[JETX]

Q1) "i was in an auto accident in a work truck and found to be out of the scope of employment+neg."
A1) At this point, your personal insurance should step in. You do have personal auto insurance, don't you???

Q2) "my employers insurance co has filed a warrant in debt to collect damages they paid out for the truck"
A2) Yep, the insurance company paid out money to cover claimed damages and now (rightfully) expects to get it back from you.

Q3) "i am not in a position to pay right now"
A3) That might not be too persuasive when time comes to 'pay up'.

Q4) "and i would like to avoid any garnishment etc"
A4) You can't be garnished "etc." until such time as you are sued and a judgment is awarded against you. Then, the judgment creditor can use the state laws to enforce the judgment... including asset seizure and garnishment.

Q5) "i have heard bankruptcy is not an option in va"
A5) Why not??

Q6) "what are my options"
A6) a) pay the amount claimed, or
b) face a potential lawsuit and then enforcement action, or c) file for bankruptcy.

Q7) "and what can i do in court to help myself(only asking in general)"
A7) From your post... not much. If you were at fault and you were in fact 'outside the scope of employment', you don't seem to have much chance of defending yourself.... especially without an attorney.

Q8) "also if my ex employer had been making his insurance payments and i have to reimburse his insurance co for damages and interest aren't they making out pretty good on this deal."
A8) How do you figure that??? The employer pays his premium. The insurance company steps in and pays for the damages. They then collect from you for your negligence. Sounds right to me.

Q9) "and if i point this out to the judge is he going to laugh out loud"
A9) Point what out?? If you mean that the insurance company is 'not fair' in trying to recover from you... then yes, I expect to hear the laughing all the way here.

Oh, and lets not forget... if there were any injuries to the other parties, then you can count on them 'piling' on you with more lawsuits to recover THEIR damages. Pretty expensive lesson in life... huh??