by Guest » Wed Dec 09, 2009 01:19 am
I was driving my dad's car and was at fault in an accident. My father and I are being sued for an amount in excess of our policy limit. I am a college student and have no money or assets. My father has no assets either, except for a little money saved up in the bank. Can they go after the little money that we have? I have no income at the moment; I am paying to go to college. My dad has a low income job and I am worried they will try to get money from my father using wage garnishment. Is that possible?
I have a notice for oral deposition; does this mean trial eventually? My family is already living on a very fixed income. If they seize the little money we have or garnish my father’s wage, it will affect our entire livelihood. My education may even be at risk if I cannot pay for school.
I have a notice for oral deposition; does this mean trial eventually? My family is already living on a very fixed income. If they seize the little money we have or garnish my father’s wage, it will affect our entire livelihood. My education may even be at risk if I cannot pay for school.
Posted: Wed Dec 09, 2009 02:20 am Post Subject:
Some states allow a person with a judgment to garnish wages... I'd guess that most don't. Has your insurance company offered your policy limits or less then your limits. Many times an attorney will file suit 1) for discovery (learning more about an insurance companies strength) and 2) to pressure the insurance company to offer more money. This is why I ask if your carrier has offered your policy limits.
A trial usually follows depositions but it all depends on a possible settlement in the meantime. Most cases settle prior to the trial.
Plaintiff attorneys usually don't waste their time with a trial just to garnish someone's wages... it takes too long and there is not enough money in it. It's financially better for them to settle for the insurance limits with little time spent on the case then to draw it out for a piece of paper (a judgement). Perhaps the injured person has under insured motorist bodily injury. If this is the case then the attorney needs to collect your policy limits in order to then go after his clients own carrier for even more money.
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