Ins lawyer won't pay judgement without title to vehicle

What is the name of your state?What is the name of your state? TX

Disputed with insurance company about ACV of vehicle damaged in traffic accident. I sued the at fault driver in small claims. Defendant was represented by lawyer apparently in pay of the insurance company.

I received a judgment in the case. The defendant's lawyer says that he can't pay the judgment without receiving title to damaged vehicle. He says "it's company policy". I'm sure this is the policy of the insurance company, not his law firm.

This demand for the title seems to be an encumbrance of the judgment effectively vacating the judgment without grounds.

What is the "legalese" term to use in replying to the lawyer (and the judge) to let them know that this lawyer is effectively vacating the judgment ? Can I ask the judge to do something to defend his judgment in the case ?

Any other suggestion to get this lawyer to pay up ?

Thanks.

juridit said:

I received a judgment in the case. The deferent's lawyer says that he can't pay the judgment without receiving title to damaged vehicle. He says "it's company policy". I'm sure this is the policy of the insurance company, not his law firm.

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Was the vehicle totaled?? If so, give them the title to the vehicle (after all, they are buying it) and get your check.

What is the "legalese" term to use in replying to the lawyer (and the judge) to let them know that this lawyer is effectively vacating the judgment ?

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Stop being an idiot!!! They have the right to the title if you expect to be paid the full FMV (Fair Market Value) of the vehicle. If you don't give them the title (and have elected to KEEP the vehicle) then they can simply deduct the salvage value from FMV judgment amount.

BTW, they are not 'vacating' the judgment. That would mean to put the judgment aside.... which is clearly NOT what you mean.

Can I ask the judge to do something to defend his judgment in the case ?

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You can ask the judge anything you want (with all parties present)... but you aren't going to get full FMV PLUS keep the vehicle.

> Was the vehicle totaled??

It was totaled by the ins co.

> "... they are buying it ..."

Are you indicating that there is legal precedent or just some sort of commercial practice that paying a claim for a 'totaled' vehicle imputes purchase of the vehicle ???

>> What is the "legalese" term to use in replying to the lawyer (and the judge) to let them know that this lawyer is effectively vacating the judgment ?

> Stop being an idiot!!!

How am I an idiot and the ins co is sane ??? Do your fine business associates go to the parking lot with a hammer, break windows on your car, pay you low ball 'FMV', and take title to your car. You must be from a rough neighborhood, and you're not improving the neighborhood by encouraging this behavior.

> " They have the right to the title ..."

Again, please explain 'right' . I understand this is ins co. practice ... but where is the legal 'right' in law ?

> If you don't give them the title (and have elected to KEEP the vehicle) then they can simply deduct the salvage value from FMV judgment amount.

Deduction of salvage would impose additional loss (injury) to me. Where is their 'right' to do this ?

> BTW, they are not 'vacating' the judgment. That would mean to put the judgment aside.... which is clearly NOT what you mean.

Imposing conditions (outside the terms of the judgment) on paying the judgment, in effect sets aside the effect of the judgment.

juridit said:

>Imposing conditions (outside the terms of the judgment) on paying the judgment, in effect sets aside the effect of the judgment.

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Not unless the court says so.

Tell you what... do whatever you want. You clearly cannot follow the logic of 'insurance claims'.

The following is from the Texas Insurance commission:
"You can keep your car if you are willing to subtract its salvage value from the insurance settlement."
http://www.tdi.state.tx.us/consumer/consum86.html

> Tell you what... do whatever you want.

Will do.

> ... logic of 'insurance claims'.

Me thinks you know a lot less about law than might comport with your imperious attitude. Apply yourself to getting that JD and try to hang out with some folks that have manners. Civility may get you farther down the road than your other skills.

Thanks for the info. Have a nice day.

juridit said:

> Tell you what... do whatever you want.

Will do.

> ... logic of 'insurance claims'.

Me thinks you know a lot less about law than might comport with your imperious attitude. Apply yourself to getting that JD and try to hang out with some folks that have manners. Civility may get you farther down the road than your other skills.

Thanks for the info. Have a nice day.

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Kiss my ass!!
Have a hap-hap-happy day!!
Oh, and you STILL don't get to keep the car. Your choice, 'sell' them the car and get paid... or don't.... and don't.

JETX said:

Kiss my ass!!
Have a hap-hap-happy day!!
Oh, and you STILL don't get to keep the car. Your choice, 'sell' them the car and get paid... or don't.... and don't.

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Oh nuts, now you had to go and make me edit my signature again

You Are Guilty said:

Oh nuts, now you had to go and make me edit my signature again

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Glad to have been of assistance!!!