Judgement--need Help

I posted this the other day and never got a response-I am desperate--please help!!!


This happened in Florida.I need help. Long story, but I will try to summarize. In 1996(I was 17)I was in a car accident. I had insurance.The person I hit did but the other person who hit them did not.In 2000 I received a mediation notice from a lawyer for State Farm.They were suing me and the other people because they said we were uninsured and they paid there customers for personal injury under the uninsured motorist policy.I faxed the lawyer and the court saying I could not attend because I had finals in college and that I had insurance at the time.Come to find out in 1997 my insurance co. went bankrupt (Armor Insurance).The lawyer said oh..we did not know you had insurance. I assumed everything was fine.I had since moved out of state.The other day I get a notice that my insurance is being cancelled because I have a suspended license.After investigating, I realize they had a court date in 2001(I was never notified) and a judgement was reached against me(from State Farm) for $25,000 for bodily injury and another $11,000 for attorneys fees and my license suspended for 20 years or until paid off.They settled with the other defendents for $1500 and put the rest on me. I was never notified about the court date and had no chance of defending myself.Plus the insurance company is no longer around so I have no idea what to do. I have proof that I had a policy at the time.The Plaintiffs attorney says it is my fault I should have been there I have to pay now, but I had insurance-it is not my fault that the company went bankrupt.Plus, they settled with the other defendents who really DID not have insurance-why should I have to pay all this money. Will it even matter if I get an attorney, is there even anything they can do, since a jusgement was already issued?Is there any way for me to get my license back?This is hard for me to fight because I now live in colorado-plus my Florida license is suspended but not my colorado one-is it possible for them to suspend that one to?Please let me know your advice--I do not know what to do!!!!!!Thank you!

[spawn_x]

1. why did your insurance not pay out the balance in 1996? Did you follow the case through?

2. you were never served, call them and complain.

3. what is your lawyer saying on all this?

4. why were the claims not brought up earlier? i thought you had 1 year to sue for property damage (in CA)

[JETX]

As you probably know, you have several issues that you might need to resolve, including your insurance (or lack of), the specifics of the accident, etc.

But, lets start with the largest and most damaging.... being the judgment.

You claim that you were not notified of the lawsuit. Most state laws (FL included) have very specific requirements of 'notice of lawsuit' that must be met. If they are not, then the lawsuit might be able to be 'set aside'. So, start there.
Contact the court that rendered the judgment and review the file. What you are looking for is the 'service' that is required to have been made to you. Once you have that document, you will need to research the FL Rules of Civil Procedure to see if the 'notice' complies with FL requirements.

If you were not noticed properly, you will then need to file a motion with the court to review the notice. If you weren't properly noticed the court could void the judgment.

If you were in fact properly noticed (and forgot about it), then you would need to consider other options that are available.

So, you have your work assignment. Let us know what you find out (return to this thread and click on the 'reply' button). We will try to help you.