Unfair Judgement - settle- reopen - or avoid

[ektrippen]

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

Got into a accident in winter 02, my insurance was not on the car(parked in winters). Guy in the other car was a lawyer. But it was a 10mph accident, both cars drove away from scene, his with scratch. When he claims with insurance there is major damage to rear of his car like he got hit again or he backed into a pole a few times. I told insurance but no one ever checked it out. repair on my car was $870, repair to his car was $9,084.

Well 2 years later I get notice of suet. My insurance company( progressive) was sueing me because I had a sr-22 and the car was not on the policy.
Paperwork give me a day and time. to show up in 04. I show up on time to find out they submitted a Plaintiff's Motion for Summary Judgment. I never received any notice, the court did but i was informed they sent me a certified. No certification was ever given to court. They ruled in favor for $9,084 plus 4%.

I recently after reading up on some stuff filled a Relief of judgment 08. the judge having a personal bias against me ( traffic court judge) refuses to remove herself from the case but does not look into any motions I submit.

After I did this they started running my credit reports, nailed all my banks with garnishments and went to Ohio employment for garnishment...I leave my bank accounts under $200 and I work 1099.

Currently total is $11,900 I offered them $5,500 to settle it which was my savings. They came back with $8k to settle. Unfortunately with the failing economy and me being out of work, I cannot do this and they refuse to work with me. They said they will collect for 21 years and unless I come up with 8k nothing they will do.



Question 1. Is there anything I can do to get around this, close it, reopen it and get fair treatment?

question 2. Can I open a trust in my name with a ein, and get away with opening bank accounts and them not being able to touch em? Or could I bury a company with a trust ein.

 

[dolebot]

I never received any notice

It is possible to get a judgment thrown out due to improper service, if you weren't properly served. You should contact a lawyer, most will give you a few minutes to discuss your options. If you've got $5500 laying around that would probably be enough to retain someone.

However the best course of action is to pay your debts!

 

[Rexlan]

What would be the purpose of the courts or judgments if you could just hide?

That is a pretty lame question.

 

[ektrippen]

It is possible to get a judgment thrown out due to improper service, if you weren't properly served. You should contact a lawyer, most will give you a few minutes to discuss your options. If you've got $5500 laying around that would probably be enough to retain someone.

However the best course of action is to pay your debts!

Ya that was why I tried the judgement relief. Only prob is the magistrate.

What would be the purpose of the courts or judgments if you could just hide?

That is a pretty lame question.

There is fair judgments and there are unfair judgments. Had it been a fair judgement and they had played by the rules, then there would not have been a problem. I pay my bills that I believe are fair. I don't however pay the unfair bills that are made up by shady people.

 

[Rexlan]

There is fair judgments and there are unfair judgments. Had it been a fair judgement and they had played by the rules, then there would not have been a problem. I pay my bills that I believe are fair. I don't however pay the unfair bills that are made up by shady people.

It is not for you to decide what is fair and what is not fair ... that is what the court does ... LOL. The court does not hand out judgments without a reason.

So if you unilaterally decide that a judgment is not fair then you declare it null and void ... what a wonderful world you live in.

Lame.

 

[Zigner]

Did I miss something? How were you in an accident while without insurance? Your car is only parked in the winter (that's what you said)

 

[Rexlan]

I don't think anything was missed. I think he had no insurance on that car because he was trying to avoid a SR-22 problem. And it sounds like he is milking unemployment and playing the independent contractor game on the side with the 1099 theme.

Lame

 

[VeronicaLodge]

i dont see how the judgment was unfair other than him possibly not be served properly the judgment itself was fair, he got in an accident with a car he didnt have insured and caused damage to the other party. he owes the money. period. whats unfair is his idea that he doesnt have to pay it.

 

[tranquility]

I'd be willing to bet at least 1/2 of litigants feel any judgment unfair. I say "at least", because even the winners don't always feel they got as much as they deserved.

 

[TimStudiesLaw]

The judgment is from 2004 - it is way too late to do anything to try and avoid it at this point.

 

[ektrippen]

Did I miss something? How were you in an accident while without insurance? Your car is only parked in the winter (that's what you said)

I had the car parked in a friends building over winter. Took the insurance off cuz it was parked. They called me and said I could no longer park there had to get it out there right away. So I went and got the car, it happened to be icy out that morning. The guy was stopped at a green light when i came up on him( i think it was a stick no break lights on a audi s4 avant). I slowed down and the road was just a sheet of ice, slid about 200-250 feet slowly into the back of him.

Like i said maybe 10 15 mph, his car had a scratch mine bent the hood cracked the bumper and broke head lights. His rear bumper was higher than my front end was. But both cars drove away no major damage to mine, and his with a scratch. No one ever bothered to check into why it cost $9k for a scratch.

And rexlan I think you need to get out into public more often, you seem to have anger issues

 

[Rexlan]

And rexlan I think you need to get out into public more often, you seem to have anger issues

These are all things you should have presented to the court instead of ducking them and subsequently looking for a way to beat the judgment and avoid personal responsibility. That was your original question wasn't it ... how do I get out of this, beat it, hide it?

As you kow, "In Ohio, it is illegal to drive any motor vehicle without insurance or other financial responsibility (FR) proof at all times." In fact, with SR-22 insurance I do not think you can suspend the insurance for any reason and I'm not sure you can suspend normal auto insurance when it is parked without surrendering the registration.

The post judgment interest is automatic and will continue until it is paid as well as the additional cost to collect it. That is how it works, like it or not, and they are not under any obligation to make a deal with you or sell short. You acted irresponsibly and actually you should have had your DL revoked for the accident (if you had one) and possibly arrested depending on the reason for the SR-22.

 

[ektrippen]

These are all things you should have presented to the court instead of ducking them and subsequently looking for a way to beat the judgment and avoid personal responsibility. That was your original question wasn't it ... how do I get out of this, beat it, hide it?

As you kow, "In Ohio, it is illegal to drive any motor vehicle without insurance or other financial responsibility (FR) proof at all times." In fact, with SR-22 insurance I do not think you can suspend the insurance for any reason and I'm not sure you can suspend normal auto insurance when it is parked without surrendering the registration.

The post judgment interest is automatic and will continue until it is paid as well as the additional cost to collect it. That is how it works, like it or not, and they are not under any obligation to make a deal with you or sell short. You acted irresponsibly and actually you should have had your DL revoked for the accident (if you had one) and possibly arrested depending on the reason for the SR-22.

I had insurance, I had 2 cars

This case never made it to court. they pulled some shady ****.

 

[Zigner]

I had insurance, I had 2 cars

You didn't have insurance for THAT car

Took the insurance off cuz it was parked.