by linda.mami069 » Fri Jul 24, 2009 04:31 pm
I had borrowed a Car but I didn't know it didn't have insurance, I was driving down a major street in Whittier Ca. it was a day before Thanksgiving and you can imagine the traffic, I was in the left turn lane when this teenager was driving fast as heck down the Double yellow Lane (suicide Lane) and he hit me it only made a dent in the car I was driving, (Lexus) the kid was driving an older model toyota, But now they sent me a letter stating that they had put a Judgement on me for $8000.00, They say that they served me Papers and that someone signed for them, I haven't lived where they served the papers for over 1 year. The police stated on the report that it was undtermined who was at fault, But I didn't know that the car I borrowd didn't have insurance. What can I do, who is liable?
Posted: Fri Jul 24, 2009 08:04 pm Post Subject:
Service on an individual needs to be only to that person named. No one else can take delivery. I'm not sure why anyone trying to collect this debt would think otherwise. I also don't know how they would obtain a judgement if they could not show that you accepted service.
If they can't find you they are probably allowed to perform due diligence (ads in local papers, etc) and then file but this is very easy to appeal.
I'd find it hard to believe that this would take you by surprise. I'm guessing that the other person's carrier had made several attempts to speak to you about the accident and payment. Of course, you don't say that they did not... only that the judgement is a blind side.
I'd ask them for a copy of the judgment. You should also be able to obtain it from the court system. You could appeal the judgement but you may need legal advice to do this. You could also see if the collection company is willing to settle for much less then the judgement.
Posted: Sat Jul 25, 2009 06:52 am Post Subject:
I think that they have won a default judgement against you since you were not present at the court to tell your side of story.
They say that they served me Papers and that someone signed for them,
This can't happen.
Can't you just call up the sheriff's office and confirm whether you were at all served or not?
You may need an atty to present you before the court if you wishes to appeal against the judgement.
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