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06-11-2007, 05:38 PM
| | Junior Member | | Join Date: Jun 2007
Posts: 4
| | | Son is being sued
What is the name of your state? My son had accident in Texas. When my son was 18, living on his own, driving his car that he was the sole registered owner of hit another vehicle. He had state mandated minimum insurance. Accident was his fault. Injured other party. He is now incarcerted. He has no assets and will be in jail about another 2 1/2 years. He will probably not have any assets for at least 3-5 years after getting out of jail. Other party served him papers for a lawsuit at jail so they know he is in jail. My son cannot make contact to find an attorney. My son has no legal experience except what happened to him to get him to jail. He now has 20 days to respond. question is should he even worry about this? Since he has nothing and will have nothing. Should he just file bankruptcy after getting out of jail to wipe it off. or just let the award (if any) to expire. Since he has no assets he could not even hire an attorney. Are his rights being ignored because he is in jail? He is not at liberty to even attend any court procedings. |
06-11-2007, 05:39 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 29,043
| | | question is should he even worry about this?
A: Yes, unless he intends never to drive for the rest of his life.
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06-11-2007, 06:49 PM
| | Junior Member | | Join Date: Jun 2007
Posts: 4
| | | So how in jail does he contact an attorney and pay for the attorney and attend the proceedings? And at some point does this not go away if not collected or acted on for a period of years? Is son entitled to some sort of probono representation? At this point he cannot even attend court proceedings to represent himself. |
06-11-2007, 07:43 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,849
| | | He had insurance at the time of the accident right? Has he notified them of the lawsuit? That should be his first step. |
06-11-2007, 09:01 PM
| | Junior Member | | Join Date: Jun 2007
Posts: 4
| | | He is in jail. Does not remember name of insurance. Cannot call them if he did have their number. His suit is for 82000 and insurance was only 25/50/10. So this is over the policy limits. I am guessing they either paid or offered limits of policy. Or they offered less and other party declined. Or they are suing for another 82000 over what they were paid by the insurance. I just do not have much info. My main question is can he just ignore this and let it happen and they file bankruptcy or just allow the time to pass and fall away? |
06-11-2007, 09:12 PM
| | Senior Member | | Join Date: Sep 2006 Location: Missouri Ozarks
Posts: 2,924
| | | He needs to address this now. Why is he locked up? |
06-12-2007, 12:12 AM
| | Senior Member | | Join Date: Nov 2005 Location: South Cackalacky
Posts: 15,044
| | | If there is a police report, the name of his insurance company should be listed there. Many people in jail have access to attorneys. Heck, he should be able to find a few right where he is. Seriously. Yes, he needs to worry about this. If, however, he intends to file BK later, it can be dismissed unless he was drunk driving. His bank account can be levied, pay checks garnished, etc. Home attached. Especially if he moves out of TX.
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06-12-2007, 07:39 AM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,849
| | | He can mail letters, right? Have him MAIL the summons to the insurance company. | |
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