by Guest » Mon Feb 11, 2013 01:48 pm
I have already posted here about how I recieved a check 04/2011 had it authorized to cashed it by 4 people. now I am summons to court. Cant afford a lawyer.
My question is can I call the insurance company and as for the recordings of the adjusters that gave me the authorizations?
Also the accident was mine, the summons is in Dans name (husband) is there a form i need to fill out to speak for my husband in court as he is not good at this at all.
Is there any forms I need to fill out before going to court.
Any pointers Is greatly appreciated.
I have to keep stress levels down because my M.S. I got way to envolved when we were served that Dan had to do cpr on me then I went into a bad grand mal siezure bitting down hard on my tounge and would realse until hosptial dr gave me something. He said 10 more mins or less and i would have bit my tounge off. My nero wants me on more siezure drugs, tried it. Sh*t I need a bib for all the drulling. and couldnt keep eyes open. thru that junk down the toliet. Sorry for the rattling on.
Cindy :?: [/b]
My question is can I call the insurance company and as for the recordings of the adjusters that gave me the authorizations?
Also the accident was mine, the summons is in Dans name (husband) is there a form i need to fill out to speak for my husband in court as he is not good at this at all.
Is there any forms I need to fill out before going to court.
Any pointers Is greatly appreciated.
I have to keep stress levels down because my M.S. I got way to envolved when we were served that Dan had to do cpr on me then I went into a bad grand mal siezure bitting down hard on my tounge and would realse until hosptial dr gave me something. He said 10 more mins or less and i would have bit my tounge off. My nero wants me on more siezure drugs, tried it. Sh*t I need a bib for all the drulling. and couldnt keep eyes open. thru that junk down the toliet. Sorry for the rattling on.
Cindy :?: [/b]
Posted: Mon Feb 11, 2013 02:21 pm Post Subject:
What court... small claims or district court? The rules in each are very different.
Who's name is the policy under? I'm betting you husbands, in which case his name on the suit would be correct. I doubt you could appear on his behalf. The judge would probably grant a Default Judgement against your husband if you did.
Have you considered speaking with the insurance company or their attorney to see if you could work something out? I'd point out that their case is weak as you spoke to 4 people who told you they knew they issued payment and that they intended to do this. It would certainly help if you had these people's names... not knowing who they are would not help.
If it's small claims court the worse that could happen is that the judge says that you need to pay back the full amount. Perhaps court costs (around $100). If it were me and it was small claims court I think I'd roll the dice and fight it. But I might also offer to pay back 50% of the amount as well, prior to the court date.
Posted: Mon Feb 11, 2013 02:34 pm Post Subject:
my husband in court as he is not good at this at all
andI got way to envolved when we were served that Dan had to do cpr on me then I went into a bad grand mal siezure
Flip a coin. Neither of you apparently are going to be effective in court. Don't expect the judge to give you CPR. "Bailiff . . . get this woman out of my courtroom!"
Call the attorney that served you. Make an appointment to meet with him in person (your husband doesn't have to go). Explain how many people told you it was OK to cash the check and ask the attorney to get the recordings from his client and see if you're telling the truth. If you are, he will probably drop the matter, and send you a notice of dismissal.
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