Criminal Law Questions? Ask a Criminal Lawyer.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
Unfortunately, you can't sue her for this but it is unlikely she can recover from you and your wife at this point.
While she may have been able to sue you in the lawsuit against your daughter, at this point she wouldn't be allowed to bring another suit based on the same facts as the original case and, in addition, since your daughter took the car without your permission you wouldn't be likely to be held responsible anyway.
Since you weren't sued in the original case there is no way to impute that judgment onto you adn yoru wife. That would be a due process violation.
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My daughter has file a form S105 with the court asking for the judge to hear the case again so the court can make the determination of the monthly payment agreements.
Since she has filed this submittal, it's taken quite some time to get a response from the court. The woman responded already and again asking the judge NOT to accept payments but, to receive payments in full. Is there any way to get information from the court if there will be a hearing soon?
She can call the court coordinator and see if there is a setting or when she can expect one, that's the most effective way to find out.
The woman is kind of hurting herself because if the judge doesn't allow payments there is realy no way to collect it all at one time.
I figured that was the case. The "800" number they have for the courts is a joke. You get put into the grinder of recording after recording. Is there a simpler way?
No, the court will have a number, you may want to go to this site and see if a direct number is XXXXX You have to register to access the data but they don't spam you or sell your info and there is no charge.
Many court don't list direct numbers any more. She could also just go to the court and ask.
Okay. Thank you, Dwayne.
But it works to her advantage not to have a hearing set. The longer she waits the more chance something happens.
And you're very welcomee.
I realize it does however, my daughters drivers' license is suspended now because this woman filed for it.
Ah. She can get a lawyer and apply for an occupational license. That will allow her to go to wor, school, etc.
So, I'll need a lawyer to file this?
Did you not have insurance on the vehicle or just not have her insured?
I do have insurance and she was not licensed at all. So, they didn't cover her.
I'm not sure that the license suspension counts in that situation. I've never done the research, but I seem to recall something about it not applying if they are a minor or if the vehicle is insured and she just wasn't a covered driver.
You may want to challenge that through the appeal process.
Can you help us apply for an occupational license for her?
Without being able to do that then a lot of the woman's leverage no longer exists.
Have you discussed this with a local lawyer yet?
You may want to invest the time. Most lawyers won't charge just to talk with you about this, I never did, and it may pay off.
Thank you, XXXXX XXXXX type of attorney should I be looking for on this?
Look for one who does Civil Litigation. You can find one at www.lawyers.com.
Thanks again. I'll go to that website now and find one. Can you give me an idea of how much this should be? I know everyone is different but, anything helps.
If it is just an appeal to the state probably $500-1000, but CA is more expensive than most states and it could be more or less.
You were very helpful and I know you've given me a bit of solace tonight. I appreciate it.
Great, glad to be of assistance. Anything else before I exit to help others?
Sorry. Hit send too many times.
Not yet, in that you don't have anything else or not yet as in don't exit yet?
Sorry. Did it again. I'm done. We're done. And, thank you again for your help. You were sure worth it.
You're very welcome and best wishes to you and your daughter (and spouse). Please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.
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