A couple questions about subpoenas in Florida/Texas

[AiyokuAngel]

What is the name of your state (only U.S. law)? Florida

This... is slightly complicated. I'll try to explain as best as possible.

About six months ago, I moved to Texas to find work because I couldn't find any in Florida. I moved in with a friend and am not paying rent, he's basically allowing me to live on his couch. I've so far been unsuccessful in my job search. However, I still legally live in Florida because it would cost me over 300 dollars to switch my insurance over to Texan, get my car inspected, registered, get new plates, and pay for my new license. With no income, I haven't been able to become a Texas citizen.

In 2007, I got into a car crash and the insurance company deemed me, responsible. I figured "I have insurance, they'll handle it, that's what I pay them for." Wrong. I only had minimum coverage, which doesn't cover crashes.

The other party is now suing me personally for medical bills and wages lost, etc.

The subpoena was sent to my dad's house in Florida, my legal residence, but the courier couldn't give it to him, it had to be given to me. My father informed them "She's out of state, and I'm not telling you where she is" because it was just a courier, not a sheriff delivering the subpoena.

Anyhow. I have no income, and the only thing I own is my car and a 3k inherritance from my mother's death. The insurance company informs me I'm being sued for 10 thousand dollars. I'm afraid to being held in contempt of court and get jailtime, but I can't appear in Florida, it costs too much money to get there and I have no job, just the 3k to live on until I CAN get a job.

My questions are as follows:
What happens in this type of situation when you cannot appear in court?

Can my father get in trouble for obstruction of justice?

Can the other party go after my bank account, even though I have no income?

Can the other party garnish wages from a job I get in the future to get paid?

Will I get jailtime if I cannot pay what they're demanding? You can't get blood from a stone...

 

[Ronin]

Whether you are a resident of Texas or Florida does not really matter in this case.

Can my father get in trouble for obstruction of justice?

Unlikely, unless he is court ordered to provide this info, which is also unlikely.

Can the other party go after my bank account, even though I have no income?

Yes

Can the other party garnish wages from a job I get in the future to get paid?

Yes

Will I get jailtime if I cannot pay what they're demanding?

No.

Avoiding process will only make things worse for you and will not make the problem go away. If they cannot contact you, then process will be served by publication. If you do not respond, they will move for a default judgment which will be granted and basically give them everything they asked for. The judgment will be on your record which potential employers, insurance companies, banks, and mortgage companies will be able to see. It can be enforceable for a very very long time, and interest will continue to accrue until it is paid. Its not difficult for an unpaid judgment amount to double every few years from the interest and other costs.

So the most sensible option for you is to move from your friends couch to your dads couch and go back and face the music. Maybe your dad can help get you a decent and reasonably priced attorney. Given your current economic situation, the other side may will willing to negotiate for much less than they would have gotten in a default judgment. You may still be screwed for some time, but not nearly as bad as if you ignore this.

 

[Rexlan]

I agree with Ronin and that is good advice. a $10,000 judgment will be $20,000 in a few years and it will not just disappear. It can continue for the next 20 years.

Keep in mind that the underlying cause was your failure to have proper insurance which you chose to not purchase. Consequently, someone else was hurt and has suffered a financial loss. You need to take care of that, especially since the entire situation was avoidable and the sooner you do the cheaper it will be.

Having no job is again your own doing. There are jobs out there but perhaps none that you are willing to accept until you can find something better. Taking one would free up the $3K you have in hand and that would be a good start to settle your case.

Dad isn't doing you any favors by playing ignorant. That is irresponsible.

 

[AiyokuAngel]

Avoiding process will only make things worse for you and will not make the problem go away.

That's the thing. I'm not trying to avoid it. I simply can't get there, and since they won't give the information to my father, I cannot contact them about it. Is there any way to ask for compensation to get to Florida since I really can't get there myself? Or testify to a judge/arbitrator over the phone/conference call or satellite or something?

To make further short order of a reply-- Father never had custody of me as a child, he won't help with anything. Not even a spare couch. The move here was a last resort so I didn't have to stay in a shelter again. You get put off when someone tries to stab you because they want your interview clothes and a bar of soap you have on you.

Another thing-- I'm under the impression that your primary vehicle cannot be taken away for compensation for this sort of thing in Florida. Is that true?

What happens when you can't pay a judgement for something like this? Is it jailtime, or community service, or what?

 

[Rexlan]

That's the thing. I'm not trying to avoid it. I simply can't get there, and since they won't give the information to my father, I cannot contact them about it. Is there any way to ask for compensation to get to Florida since I really can't get there myself? Or testify to a judge/arbitrator over the phone/conference call or satellite or something?

To make further short order of a reply-- Father never had custody of me as a child, he won't help with anything. Not even a spare couch. The move here was a last resort so I didn't have to stay in a shelter again. You get put off when someone tries to stab you because they want your interview clothes and a bar of soap you have on you.

Another thing-- I'm under the impression that your primary vehicle cannot be taken away for compensation for this sort of thing in Florida. Is that true?

What happens when you can't pay a judgement for something like this? Is it jailtime, or community service, or what?

It really isn't realistic to ask for compensation to appear for your own hearing concerning your financial irresponsibility ... Would you require a hotel and meals too?

It would be quite simple to contact the Plaintiff if you want to.

 

[chuck126]

As suggested you could contact the Plaintiff, or in the alternative, contact the Clerk of Courts where the Complaint issued an ask who the Judge is presiding over the case, ask for his judicial assistants[J.A.] telephone number, contact her and ask her/him if you can arrange a telephonic appearance for any future Court dates, in lieu of physically being there. It appears you have good grounds for doing so. Sometimes the Judge/Magistrate will require you to be in front of a notary public who can swear you in if needed, so you may need to ask this question to the J.A., but then again a Judge/Magistrate can put anyone under oath if they want to, in or out [telephonically]of Court. Good luck.

 

[Spark1221]

First of all, ignore the junk below about your "financial irresponsibility." Maybe you were, maybe you weren't. Also understand that from a legal perspective, the insurance company's determination (made with their own interests firmly in mind) that you were the responsible party is not at all conclusive in the personal injury action that appears to have been filed. Again, maybe you were, maybe you weren't...but you get your day in court.

It is correct that an aggressive plaintiff will eventually be able to enter a default judgment against you, and that these can be terrible burdens down the road. Your best bet is to engage this matter and seek either to beat the claims in court or negotiate a lower amount. $10K is a very small amount for "medical bills and wages lost, etc." which makes me think this is more of a nuisance claim than anything else. You may find that entering a dialog with the plaintiff's attorneys will enable you to negotiate a lower amount and reach a payment arrangement that gives you time to pay it off. That said, be very careful about entering into deals with attorneys -- and do not assume that they will try to be reasonable. Their job is to extract the maximum amount possible from you and will bluster about your "obligations" until you cave.

Your insurance company should be able to put you in touch with the plaintiff or his/her attorneys. At minimum, ask them if there is indeed a suit filed, where it is filed, and what the docket number is. With that information, you can get a copy of the pleadings from court. Or the plaintiff's attorneys will send you a copy, but that means telling them how to reach you. You will probably want to accept service eventually in order to get in front of a judge, but that's a decision we can't really evaluate at this point.

No, they will not pay for you to go back.
No, you do not need to move back with your dad. I agree with the post below about getting a telephonic hearing or dealing with the court in another way.
No, you should not just pay the $10K without negotiating. Who knows, you may be able to reach a number at only 10% of that.
Yes, you should try to get an attorney friend (if you know one) to call the plaintiff's attorneys for you -- it will get better results and change the tone of the conversation.
No, you should not listen to people who tell you this is all your fault -- it may be, but you don't have any proof that the $10K in damages isn't BS yet. The burden is on the plaintiff to prove liability and damages, and you should expect them to do that (once you engage in the case -- before then, they will get that default judgment without any proof at all).
No, you will not go to jail. The absolute worst case scenario is that you will ultimately have to declare bankruptcy but there's a long road between here and there.
No, you aren't a bad person for losing your job in this economy. Now go find one!

Hope this helps.

 

[marcdonovan]

Court cases are expensive. Thats why they are often short circuited by a side negotiation. Some attorneys specialize in this sub-standard behavior and you have been hooked by one of these guys. He is trying to reel you in to see what is in your pockets. They dont intend to take you to court and testify. The intent here is to play Let's Make a Deal. This is a poker game and the chips are not on the table so they don't know your pot limit.

Your next move is to call the snake and tell him that you have very little money and no job and that you are living on a couch. Ask him how much he would take to move on and see what he says. If you ever hear anything from him after that, I would be very surprised. These guys follow the money. If they see nothing, they go to the next case.

This is civil, not criminal. You don't go to jail over civil matters.