What is the name of your state? Washington State
In August of 2002, I was in an minor accident. At the time, husband (my B/F then) was in the Navy. We had a military loan on our car, and was using it as collateral. We were not paying insurance on it, because we thought the loan company was covering it, they said if we didn't have a insurance company, they'd get one. We had a policy stating we collateral insurance.
At the accident scene, I gave the officer the insurance information (he never said anything about it), finished up there and figured that was it.
A month later, the person that was involved in the accident with me calls and said the insurance is no good. That I was going to have to pay for the damage to the vehicle. She said that she had gone to base legal and spoke to a to a lawyer and said if I didn't pay, they'd get me for not having valid insurance, and not paying the damages. She went on to say if I didn't pay, that I could be jailed. I had never been in a situation like this, and didn't know that what she was saying wasn't true. I told her I'd met with her and we'd work something out. I met with her the same day, and on that day, she had gotten two estimates done. One was for $4 thousand dollars, and the other was for more. I told her there was no way I could just hand that kind of money over, we we're struggling as it was. She said that we could work out a plan to pay it off in 4 months, because she had to have it fixed because her husband (who was also in the Navy) was out to sea, and he wanted it sold by then. I told her that I didn't think that was possible, but if they were going to sale it, I'd buy the car from her at blue book + $200 more. She thought that would be a great idea. So at that time, I wrote her a check for $100. She said she'd speak with her husband, and we could go from there.
The next month, I get a call from her stating, he doesn't want to sale it now, but we can keep making payments on it past the month he'd be back. I told her I didn't understand why they just didn't let us buy it off of them, even if they get the car fixed, the car wouldn't be worth more the $2 thousand, if that (the car is a '95 Ford Escort)? She said that her husband wanted to have it fixed up, then they'd sale it. I told her I'd continue to pay her when I could. In total I paid her $2425 on an estimate of $4250.96 over the course of 5 months. During that time, she took three different trips out of state, and wold call me asking for payments. I felt something wasn't right, but was still afraid that I'd be jailed.
When my husband got back from being out to sea, we got married, and at that time I had access to the Navy legal (which before that time, I couldn't access any information, or have money for a lawyer). We made a appointment and spoke to a Navy lawyer that told us that she thought that we should tell then that we wouldn't pay anymore money until they fixed the car and gave us a bill. She thought that with an estimate, the amount could be higher or lower, and if it was lower, we'd never know. She was concerned with the travel. She also said that was a lot of money to fix a car that isn't worth that amount, and thought they might be using the money for other things. She suggested we contact them and try and agree on a settlement price.
So on 3 Jan. 2003, my husband called her and told her We decided to no longer pay any money because of concerns about the money not going towards repairs and possibly towards travel, or it was being pocketed. We are willing to pay the amount the vehicle is worth, and that can go towards repairs. Or willing to still purchase the vehicle for $200 above blue book price. Or we were open to a settlement of $2600. While talking on the phone she denied telling me she spoke to an attorney and that she was told if I was unable to pay the repair bill on the vehicle, I would be put in jail for failure to pay. The threat of being put in jail was the only reason I agreed to pay the amount of the estimate. Which on that date I began doing. She also denied saying that while getting an estimate done, she was told that with the amount of damage to the vehicle, an insurance company would total it out and pay the value of the vehicle. She also stated that she had estimates done before the 24 of Sept. On the 24th she obtained 2 estimates. I never saw or was given any estimates done prior to that date. On the estimate I was given, it is dated on the 24 of Sept., in the amount of $4250.96. She also was either unable or unwilling to give the name of the attorney or legal representative that she had spoken to.
That was the last I heard from her til 11 February 2003. She called and said she had spoken to legal department, wanted to talk before taking it to small claims court. Had a question to ask and asked for me to return her call. Which I did. Called several times that day, left a message stating I'd try her again later that day. I tried twice more on the 11 and never reached her. I tried again on the 12 several times. I again left a message telling her that I was unable to reach her and if she would try again to contact me again or leave her question on my voice mail, and I would call her and try to reach her again with the answer, or leave the answer on her answering machine. Never heard back again from her. That August, we moved from WA to NJ, where I am now. We left a forwarding address with the post office. Plus, our former apartment complex had our new addrss, as did my work for my remaining checks.
Fast forward to Oct. 1st 2005. I get a letter in the mail from my credit union stating that she is now garnishing my wages and bank account.
I never received anything from the courts stating there was a trial date, or a judgment. I haven't received anything from her. I contacted the Superior court and they had me get ahold of the district court. I spoke to a lady there that seemed to just judge me, asking rather rudely if I denied owing her the money that she claimed. Telling me that there was a summons given and that someone accepted it (which I or my husband never got!), but couldn't tell me where it was sent or hand delivered to, or on what date and who accepted it! She also said that the court doesn't have to contact anyone about a judgment or court hearing being placed against anyone. And since I didn't show up for the court date, that she was won the judgment. She then had the right to go to the Superior court and file for my money to be garnished. She said the only recourse I had, was she'd mail me some papers to file to asked for a telephonic hearing to dispute that I never received a summons. But I'd have to send a summons to the other party. I don't know where the other party is living! Her husband is in the Navy, they could be anywhere!
Sorry this is so long. My question is, what do I do next? I don't dispute that she is entitled to some money, but I feel like I was taken advantage first by her, and then by the courts. Do I fight this, or do I pay and be silent? We can hardly make ends meet as it is with a young son, how can we survive if our money is taken from us? Do I attempt to do it by myself (which I have reservation on doing), or should I try and get a lawyer?
Thanks in advance.
Jen
In August of 2002, I was in an minor accident. At the time, husband (my B/F then) was in the Navy. We had a military loan on our car, and was using it as collateral. We were not paying insurance on it, because we thought the loan company was covering it, they said if we didn't have a insurance company, they'd get one. We had a policy stating we collateral insurance.
At the accident scene, I gave the officer the insurance information (he never said anything about it), finished up there and figured that was it.
A month later, the person that was involved in the accident with me calls and said the insurance is no good. That I was going to have to pay for the damage to the vehicle. She said that she had gone to base legal and spoke to a to a lawyer and said if I didn't pay, they'd get me for not having valid insurance, and not paying the damages. She went on to say if I didn't pay, that I could be jailed. I had never been in a situation like this, and didn't know that what she was saying wasn't true. I told her I'd met with her and we'd work something out. I met with her the same day, and on that day, she had gotten two estimates done. One was for $4 thousand dollars, and the other was for more. I told her there was no way I could just hand that kind of money over, we we're struggling as it was. She said that we could work out a plan to pay it off in 4 months, because she had to have it fixed because her husband (who was also in the Navy) was out to sea, and he wanted it sold by then. I told her that I didn't think that was possible, but if they were going to sale it, I'd buy the car from her at blue book + $200 more. She thought that would be a great idea. So at that time, I wrote her a check for $100. She said she'd speak with her husband, and we could go from there.
The next month, I get a call from her stating, he doesn't want to sale it now, but we can keep making payments on it past the month he'd be back. I told her I didn't understand why they just didn't let us buy it off of them, even if they get the car fixed, the car wouldn't be worth more the $2 thousand, if that (the car is a '95 Ford Escort)? She said that her husband wanted to have it fixed up, then they'd sale it. I told her I'd continue to pay her when I could. In total I paid her $2425 on an estimate of $4250.96 over the course of 5 months. During that time, she took three different trips out of state, and wold call me asking for payments. I felt something wasn't right, but was still afraid that I'd be jailed.
When my husband got back from being out to sea, we got married, and at that time I had access to the Navy legal (which before that time, I couldn't access any information, or have money for a lawyer). We made a appointment and spoke to a Navy lawyer that told us that she thought that we should tell then that we wouldn't pay anymore money until they fixed the car and gave us a bill. She thought that with an estimate, the amount could be higher or lower, and if it was lower, we'd never know. She was concerned with the travel. She also said that was a lot of money to fix a car that isn't worth that amount, and thought they might be using the money for other things. She suggested we contact them and try and agree on a settlement price.
So on 3 Jan. 2003, my husband called her and told her We decided to no longer pay any money because of concerns about the money not going towards repairs and possibly towards travel, or it was being pocketed. We are willing to pay the amount the vehicle is worth, and that can go towards repairs. Or willing to still purchase the vehicle for $200 above blue book price. Or we were open to a settlement of $2600. While talking on the phone she denied telling me she spoke to an attorney and that she was told if I was unable to pay the repair bill on the vehicle, I would be put in jail for failure to pay. The threat of being put in jail was the only reason I agreed to pay the amount of the estimate. Which on that date I began doing. She also denied saying that while getting an estimate done, she was told that with the amount of damage to the vehicle, an insurance company would total it out and pay the value of the vehicle. She also stated that she had estimates done before the 24 of Sept. On the 24th she obtained 2 estimates. I never saw or was given any estimates done prior to that date. On the estimate I was given, it is dated on the 24 of Sept., in the amount of $4250.96. She also was either unable or unwilling to give the name of the attorney or legal representative that she had spoken to.
That was the last I heard from her til 11 February 2003. She called and said she had spoken to legal department, wanted to talk before taking it to small claims court. Had a question to ask and asked for me to return her call. Which I did. Called several times that day, left a message stating I'd try her again later that day. I tried twice more on the 11 and never reached her. I tried again on the 12 several times. I again left a message telling her that I was unable to reach her and if she would try again to contact me again or leave her question on my voice mail, and I would call her and try to reach her again with the answer, or leave the answer on her answering machine. Never heard back again from her. That August, we moved from WA to NJ, where I am now. We left a forwarding address with the post office. Plus, our former apartment complex had our new addrss, as did my work for my remaining checks.
Fast forward to Oct. 1st 2005. I get a letter in the mail from my credit union stating that she is now garnishing my wages and bank account.
I never received anything from the courts stating there was a trial date, or a judgment. I haven't received anything from her. I contacted the Superior court and they had me get ahold of the district court. I spoke to a lady there that seemed to just judge me, asking rather rudely if I denied owing her the money that she claimed. Telling me that there was a summons given and that someone accepted it (which I or my husband never got!), but couldn't tell me where it was sent or hand delivered to, or on what date and who accepted it! She also said that the court doesn't have to contact anyone about a judgment or court hearing being placed against anyone. And since I didn't show up for the court date, that she was won the judgment. She then had the right to go to the Superior court and file for my money to be garnished. She said the only recourse I had, was she'd mail me some papers to file to asked for a telephonic hearing to dispute that I never received a summons. But I'd have to send a summons to the other party. I don't know where the other party is living! Her husband is in the Navy, they could be anywhere!
Sorry this is so long. My question is, what do I do next? I don't dispute that she is entitled to some money, but I feel like I was taken advantage first by her, and then by the courts. Do I fight this, or do I pay and be silent? We can hardly make ends meet as it is with a young son, how can we survive if our money is taken from us? Do I attempt to do it by myself (which I have reservation on doing), or should I try and get a lawyer?
Thanks in advance.
Jen
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