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P. Simmons
P. Simmons, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 26560
Experience:  16+ yrs. of legal experience.
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i got a letter from a law firm saying that they have been retained

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i got a letter from a law firm saying that they have been retained by AAAto collect 30,000$ indebtedness owed by me as a result of the negligence of Richard Abrigo(my ex husband)who was driving the vehicle which was under my name at the time of subject loss.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

It sounds like there was a judgment...do you know, is that the case? Did the case go to court? IF so did you go to court?

Or has this not yet been to court?
Customer: replied 1 year ago.

my ex husband says he went to court and theres already a judgement on him which they garnishing his wages for that purpose

Expert:  P. Simmons replied 1 year ago.
Thank you

That is ok for him...but they can not force you to pay unless they have a judgment. Can you tell me
How long ago was the accident?
Customer: replied 1 year ago.

dec 16 2011. they did not file against me yet but the letter indicated that i have to pay or else they will file a lawsuit against me cuz of my ex driving the car which at that time is under my name.

Expert:  P. Simmons replied 1 year ago.
Ahh

Thank you

That makes sense.

$30K is a LOT of money...tell me, were you insured? Does your insurance company know about this?
Customer: replied 1 year ago.

he did not have a car insurance at that time thats why they personally sue him


 

Expert:  P. Simmons replied 1 year ago.
SO you were the owner, but he was the one who drove it daily? You were not using the car at this timeframe?

Also, are you solvent? Do you have $30K or more in assets (outside of your home/IRA/Pension etc)
Customer: replied 1 year ago.

yes i was the owner of that vehicle he was driving at that time. i have more that 30k on my IRA and about 30000 in savings


 

Expert:  P. Simmons replied 1 year ago.
Thank you

In theory, they can sue you. And if you have money in the bank, they may actually do so (file suit). They have 2 years to file (the statute of limitations in CA is 2 years)

But to sue you and win? They have to prove you were negligent.

Under the law, to hold you liable, they have to prove that your negligence was a contributing factor to this.

Since you were not driving the car...and not using the car at the time? That can be very tough to do.

Not impossible...it may be they can show that you knew, or should have known, that he was a dangerous driver. If they can prove you knew, or should have known that he was a dangerous driver, then they can sue you for the damages they suffer.

But $30K is a LOT of money...I bet of you offered to settle this for a small portion of that, that they would take your offer.

Again, they can sue you...but to win, they have to prove that you knew or should have known he was a danger on the road. Unless there is evidence to prove that? It may be they can not win..but if they do sue, you will need to hire a lawyer...and that can cost several thousands of dollars.

You may want to offer them a small portion of that demand letter to see what they do...I bet if you offer to settle for a few thousand they take it...so it may be you can settle this for less than it will cost you to hire a lawyer and defend yourself.


Please let me know if you have more questions...happy to assist if I can
Customer: replied 1 year ago.

so in theory they can still sue me even if my ex is already paying for it? and how much do u think i should settle this for?


 


 

Expert:  P. Simmons replied 1 year ago.
They can sue you since you are the owner.

But as I mention, they can only win the suit if they can prove you liable.

Now...they can only collect the damages...so, say total damages are $100K and they get $50K from him, they can go after you for the other $50K

Of course, you can also go after your ex...he is ultimately liable. The problem is you have money...so if they sue and win, they can go after that money.

How much should you settle for ? As little as possible.

Again, they have to prove you knew he was a danger, unless they can they have no case



Customer: replied 1 year ago.

ok thank you

Expert:  P. Simmons replied 1 year ago.
Yes ma'am

best of luck with this
P. Simmons, Lawyer
Satisfied Customers: 26560
Experience: 16+ yrs. of legal experience.
P. Simmons and 4 other Consumer Protection Law Specialists are ready to help you

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