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Statute of limitations in NH

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S

SLynne

Guest
I was involved in an auto accident 3 years 3 months ago. At the time the officer said that they could not determine who was at fault and I have never heard from an officer on this matter to date.

I did not have insurance. I am a single mother of three and their needs come first. It is a difficult decision to make between heat or insurance. Heat is necessary in NH insurance isn't. After this accident however, when my salary increased I used this to buy auto insurance which I still have.

Shortly after the accident I received a letter from the other driver's insurance co. asking that I remit about $7,000. This is more than half of what my yearly salary is and I called the ins. co. I explained my situation to them and the gentleman was very kind. He told me to call back in a year and let them know if things had changed for me.

I did maintain contact with the ins. co. and thought that everything was fine until today when I received a motion for final judgement from an attorney representing the other driver.

Could somebody please help? What do I do now?
 


I AM ALWAYS LIABLE

Senior Member
SLynne said:
I was involved in an auto accident 3 years 3 months ago. At the time the officer said that they could not determine who was at fault and I have never heard from an officer on this matter to date.

I did not have insurance. I am a single mother of three and their needs come first. It is a difficult decision to make between heat or insurance. Heat is necessary in NH insurance isn't. After this accident however, when my salary increased I used this to buy auto insurance which I still have.

Shortly after the accident I received a letter from the other driver's insurance co. asking that I remit about $7,000. This is more than half of what my yearly salary is and I called the ins. co. I explained my situation to them and the gentleman was very kind. He told me to call back in a year and let them know if things had changed for me.

I did maintain contact with the ins. co. and thought that everything was fine until today when I received a motion for final judgement from an attorney representing the other driver.

Could somebody please help? What do I do now?

My response:

The insurance company paid for their insured's damages. Now the insurance company wants their money from you. When you failed to appear in court, the insurance company received a "default judgment" against you for the full amount, plus interest.

A Civil money judgment in New Hampshire is good for 20 (twenty) years, and accrues interest at the rate of 10% of the unpaid balance of such judgment.

You probably moved after the accident. The insurance company couldn't find you, and had you served with the Summons and Complaint via "publication in a newspaper" nearest to where you used to live. When you failed to see that Notice in the newspaper, and failed to defend the lawsuit, they had your default entered.

Unless you want this "monkey" on your back for the next 20 years, you should see an attorney to attempt to negotiate a deal with the insurance company attorney.

Otherwise, expect to have garnishments against your wages, and your bank accounts emptied.

IAAL
 
S

SLynne

Guest
statute of limitations

Dear IAAL,
My question was regarding the statute of limitations and I would greatly appreciate helpful advice. I too paid for my damages and as mentioned before fault wasn't placed on neither driver.

I am living in the same location I did not move. I called three differant attorneys when I first received this notice but they each said that it would cost more for them to represent me. This is why I have been seeking constructive and pertinent advice here. So am I to understand that in NH the statue is 20 years? Thank you in advance for any helpful information.
 

I AM ALWAYS LIABLE

Senior Member
Re: statute of limitations

SLynne said:
Dear IAAL,
My question was regarding the statute of limitations and I would greatly appreciate helpful advice. I too paid for my damages and as mentioned before fault wasn't placed on neither driver.

I am living in the same location I did not move. I called three differant attorneys when I first received this notice but they each said that it would cost more for them to represent me. This is why I have been seeking constructive and pertinent advice here. So am I to understand that in NH the statue is 20 years? Thank you in advance for any helpful information.

My further response:

Okay, you didn't move.

The Statute of Limitations in New Hampshire for both Property Damage and Injury claims is 3 years. If a lawsuit was not filed against you during that time, you're free and clear.

However, to make absolutely sure, call your courthouse, and ask to speak to the Civil Filing clerk. Ask the clerk to check the computer to see whether a lawsuit has been filed against you within 3 years from the date of the accident.
If not, you're okay.

If a lawsuit was filed against you, make a beeline to the courthouse and see the Civil Filing Clerk. Ask to see the court file (you're allowed to do so). Then review it and see what's going on. Ask the clerk to make copies of each and every piece of paper in the file.

IAAL
 
S

SLynne

Guest
garnishing wages

Thank you IAAL I do appreciate your last response. I have never had any experiences with the law. I pay my bills and have only had one traffic violation in the 19 years that I have had my licence. I am scared about this situation and have no sense of humor regarding it, for that I apologize.

You mention the possibility of my wages being garnished. Would this just happen or would there be an opportunity to work something out if I am found guilty? How much is usually garnished? I am quite concerned as I am the sole supporter of my family and I am a student with tuitions to pay.

I couldn't find out anything today with the court because it was closed but I will contact them first thing tomorrow.

Thank you in advance for your response.
 

I AM ALWAYS LIABLE

Senior Member
Re: garnishing wages

SLynne said:
Thank you IAAL I do appreciate your last response. I have never had any experiences with the law. I pay my bills and have only had one traffic violation in the 19 years that I have had my licence. I am scared about this situation and have no sense of humor regarding it, for that I apologize.

You mention the possibility of my wages being garnished. Would this just happen or would there be an opportunity to work something out if I am found guilty? How much is usually garnished? I am quite concerned as I am the sole supporter of my family and I am a student with tuitions to pay.

I couldn't find out anything today with the court because it was closed but I will contact them first thing tomorrow.

Thank you in advance for your response.
My response:

No sense of humor necessary.

I tell you what. Let's take this step-by-step, and do first things first.

Tomorrow, contact the court and find out the information. Then, contact me again - - using this same thread.

Then, if you've been sued, we'll take it from there.

However, in the meantime, so that I know EXACTLY what you received in the mail, I want you to type it out for me, VERBATIM. That way I can read it and see exactly where you are in this matter.

IAAL
 
S

SLynne

Guest
update for IAAL

Dear IAAL,
Well I followed your advice about contacting the clerk and having her check for any lawsuits filed against me and she said yes there was one filed in October 2000 regarding this matter. Three years from the date of the accident would be in September.

She suggests that I send a letter to her stating this so that she can give it to the judge. Any other advice? Thank you so much for your assistance!
 

I AM ALWAYS LIABLE

Senior Member
Re: update for IAAL

SLynne said:
Dear IAAL,
Well I followed your advice about contacting the clerk and having her check for any lawsuits filed against me and she said yes there was one filed in October 2000 regarding this matter. Three years from the date of the accident would be in September.

She suggests that I send a letter to her stating this so that she can give it to the judge. Any other advice? Thank you so much for your assistance!
My response:

Well, since you didn't type out what you received, as I had asked, then all I can suggest without knowing what it is you received in the mail, is to do as the Clerk asked you to do, and to send the Clerk copies of as much supporting evidence as possible.

Good luck to you.

IAAL
 
S

SLynne

Guest
update for IAAL

I apologize. I had to go out of town this AM and hadn't read your request until this afternoon after I called the clerk. I didn't realize that you would still want to know that information. Here it is and I will do my best with the verbatim part however I am not going to write my personal information, I'm sure you understand.

Dear(Clerk),

Enclosed for filing please find a motion for final judgment, together with a Military Affidavit, Affidavit of Damages and Taxation of costs. Please enter judgment accordinly, sending me a written copy of that decision.

This is to certify that a copy of this letter, together with enclosures has been forwarded to the defendant at(my address.) This informs her that entry of final judgment is being sought and that she may file her written response with the coourt within ten (10) days.

Thank you for your attention to this matter.

Very truly yours,


Is there anything else that you need?
 

I AM ALWAYS LIABLE

Senior Member
Re: update for IAAL

SLynne said:
I apologize. I had to go out of town this AM and hadn't read your request until this afternoon after I called the clerk. I didn't realize that you would still want to know that information. Here it is and I will do my best with the verbatim part however I am not going to write my personal information, I'm sure you understand.

Dear(Clerk),

Enclosed for filing please find a motion for final judgment, together with a Military Affidavit, Affidavit of Damages and Taxation of costs. Please enter judgment accordinly, sending me a written copy of that decision.

This is to certify that a copy of this letter, together with enclosures has been forwarded to the defendant at(my address.) This informs her that entry of final judgment is being sought and that she may file her written response with the coourt within ten (10) days.

Thank you for your attention to this matter.

Very truly yours,


Is there anything else that you need?
My response:

Okay, thanks. Call the Clerk and ask him / her whether or not it would be advisable to file a Motion to Set Aside the "Final Judgment" and use your proof documents as attached Exhibits.

Let me know what the Clerk says.

IAAL
 
S

SLynne

Guest
Dear IAAL,
I will do as you advise tomorrow as it is 5:30 est. Could you please illustrate for me "proof documents"

Indebtedly,

SLynne
 

I AM ALWAYS LIABLE

Senior Member
SLynne said:
Dear IAAL,
I will do as you advise tomorrow as it is 5:30 est. Could you please illustrate for me "proof documents"

Indebtedly,

SLynne
My response:

Okay. As you know, the Statute of Limitations is dependant upon your last date of payment. That's when the "clock" starts on the S.O.L. period.

So, your documents would be any invoices showing your last date of payment, and any subsequent invoices showing no payments. You need to prove that there has been 3 or more years (to the day) between your last payment and the filing of the lawsuit against you on the exact date of their filing against you in October. Also, any letters from the creditor specifying your last payment and its date.

In other words, you need something in writing, that is credible evidence, to show the judge that the 3 years has come and gone, and that any filing by the creditor was filed too late.

I have a sneaking suspicion that the paper you received is akin to what we call here, in California, a Request for Entry of Default. I'm not sure, but it sure sounds like it. That's a form that tells the defendant, in essence, "Since you failed to file an answer or other response, and since you ignored the complaint, we're asking the court to give us a judgment in our favor for the entire amount". A default is an automatic loss. But, there are ways to have a default removed, depending on whether they filed in or outside of the S.O.L.

Since that is quite possibly the case, you've got to move on this as fast as you can. So, obviously, call the clerk tomorrow and ask him / her my question to find out how you can, at least, set this matter aside to be able to defend against the action, or to have their lawsuit against you dismissed due to the S.O.L.

IAAL
 
S

SLynne

Guest
Thank you. I will update you tomorrow but to fill in some holes for you I never made a payment. I had received a letter form the other drivers insurance co asking for the +/-$7,000 but as I said fault wasn't placed on either driver and I never heard otherwise to date. I suffered my loses and I thought they would as well.

Because I didn't want to ignore their letter and make things worse for myself I called and spoke to a representative and explained that there wasn't any way that I could pay this. He appreciated my calling and said why not call back in one year and let us know if your situation has changed. What it looks like to me is that I was speaking to someone at regional headquarters but the push for the lawsuit was from the local office that sold the policy to the other driver.

As far as a default, you most likely are correct however, I did not receive a writ to appear. Regarding the SOL, the accident was in September of 1997. Until tomorrow...
 

I AM ALWAYS LIABLE

Senior Member
My response:

Okay, one more thing you can do tonight, before the stores close. (I've got you running around, don't I ?)

Well, I want you to go to one of those big bookstores, like Barnes & Noble, probably in your nearest Mall, and go into their "legal" section.

Because I want you to win this matter, and because I don't know New Hampshire law with any specificity (except general concepts of law), I want you to go get a book on Small Claims court. It will show you what to do, from both a Plaintiff side (the creditor) and the Defendant's side (You), and you can review the various topics concerning "Defaulting - - and what to do next".

It should also have the necessary examples and / or forms for your use. These are the things you'll need to know and use if you want to save yourself; especially if it's written specifically by someone familiar with the nuances of New Hampshire law.

Let me know if you'll get the book. With the book in hand, I can probably better guide you into the topics your going to need to read and know.

IAAL
 
S

SLynne

Guest
Regretfully, I am unable to follow through with your suggestion. The nearest mall is one hour away and I wouldn't be assured that the book would be there. I could call the stores tomorrow and check if you think that this is what I should do.

Appreciatively,

SLynne
 

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