Recent Feedback
I was recently reeased from a 9 yr prison sentence and am trying to sucessfully re-enteter my community as a gainfully employed citizen. A valid drivers license is crucial for all the jobs I've tried to obtain. I was involved in a traffic accident on the night I was arrested. To make A long story short, the other drivers insurance company filed a $15,000. lawsuit against me. A hearing was held, I was not informed of the procedings while incarcerated and my license was suspended with a judgement against them. I contacted the insurance company's lawyer last week and was told that if I gave them a down payment of $500. and signed a promisory note to pay $120. per month until the balance is paid, they would release the judgement on my license and allow me to complete the other steps assigned by the court to get my license reinstated. My question: Since I was never given the opportunity to answer or dispute the charges made against me in that accident, can this judgement be challenged?
Optional Information: State/Country of Question: Florida Already Tried: This was my first attempt to find an answer. Since I just got out of prison and am unemployed, my options are pretty limited!
Good morning,I'm sorry to hear of your dilemma,Presuming that you were served with the original lawsuit for damages following the accident, the fact that you were incarcerated and did not participate in the remainder of the proceedings is a non-issue; the judgment is valid.On the other hand if you were never personally served with the lawsuit, you should go to the court that granted the default judgment and file a Motion to Set Aside the judgment--thereby forcing the other party to re-litigate the case against you. While the case is being re-litigated, the judgment will be non-existent and you'll be able to get your license.I wish you well.
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Best regards,
Doug
Experience: I am a practicing attorney with more than 27 years of experience in the legal field.