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My husband has been sued for subrogation for an auto accident that occurred 9 years ago, when he was a minor. We were served, sought advice (because we have very little income, and couldn't afford a lawyer) and responded with a letter stating our side of the story. We did not know that the letter had to be filed with an official form, and so the court did not receive the response. A default judgement was filed, and now they've suspended my husband's drivers license for non payment of the judgment. This all happened in 2008. Is there anything we can do to fight this judgment, or will we have to declare bankruptcy to get his license back? Thanks, XXXXX XXXXX
Optional Information: State/Country of Question: California Already Tried: Replying with a letter that stated the details of what happened with the accident, the fact that my husband was a minor, and the fact that the accident occurred 7 years before we were ever contacted about subrogation.
He can attempt to file a motion to vacate the default judgment, but ignorance of the legal process is no excuse so in all likelihood the court would deny his default judgment. Further there is generally a very limited period of time typically 30 days to file a motion to vacate and if all of this happened in 2008, time surely has expired. To erase the debt you may have to consider bankrutpcy.
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well, that's pretty much what we've been told already. Not very helpful, but thanks anyways.
Sorry to confirm the reality of the situation.
Experience: Family, Juvenile Dependency, Criminal, Probate Just Answer Legal Mentor