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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37621
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I just received a business card from a Texas Process Server

Customer Question

I just received a business card from a Texas Process Server at my mailing address.

1) What happens if I avoid getting served? i.e. I terminate my mailing address. In the end they don't have my current address on file.

2) The case is about an insurance company suing me over an accident where my insurance was expired. If I get accept getting served, do I have any chance of representing myself in court? I couldn't afford a lawyer and I was wondering if there is a way I can represent myself and get some sort of settlement without losing my DL

Thanks in advance
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your both questions.

1) What happens if I avoid getting served? i.e. I terminate my mailing address. In the end they don't have my current address on file.
It is not against the law to try to avoid service. If you avoid being served, depending on the cause of action, the case might be forced to stay in limbo until you are finally formally served. Just be aware that service does not simply have to take place at home--a process server may attempt process at work if they have that location, or through past associations such as spouses or members of the immediate family.

2) The case is about an insurance company suing me over an accident where my insurance was expired. If I get accept getting served, do I have any chance of representing myself in court?
I would be remiss to answer this with any degree of certainty one way or another. Each case is different so without reviewing the underlying concerns I have no idea how weak or strong their claim against you may be. Having said that, if you are not contesting that your insurance was expired, this most likely creates a situation where you would have a very hard time prevailing on your own, or even with an attorney.

I couldn't afford a lawyer and I was wondering if there is a way I can represent myself and get some sort of settlement without losing my DL
That is possible--you could always reach out to the opposing side through their attorney and see if they are willing to seek a settlement or a payment plan under which they would agree to allow you to pay less, or in installments.

Hope that helps.

Customer: replied 1 year ago.

If I get served is there anything that protects me against those huge fees the insurance company might impose in court? I mean I'm sorry but I see how people manipulate courts asking for thousands and thousands and I'm only a college student...


 


If the ticket I got after the accident got dismissed by court, does that help in any way?


 


Thanks again

Expert:  Dimitry K., Esq. replied 1 year ago.

George,

Thank you for your follow-up. Ultimately the last line of defense is filing for bankruptcy. Judgments can be discharged via a Chapter 7 bankruptcy petition to the courts. This is of course the last option available, but it is still a very legitimate option if you are (rightly) concerned about extreme judgments.

The ticket and the suit are somewhat separate. One does not really help (or hurt) the other--getting the ticket dismissed may allow you to claim or show that the other party was liable for their own injuries but this is pure guesswork on my end as I have not seen your facts in person. It can lessen their claim of liability, potentially, but if you struck their vehicle from the rear (for example), then you are presumed to be primarily liable for the damages.

Hope that helps and please let me know if I can assist further.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37621
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Dear Dimitri,


 


One last question please, does filing for bankruptcy affect my eligibility for federal students loans?


 


Thanks really,


 


George

Expert:  Dimitry K., Esq. replied 1 year ago.

George,

Thank you for your follow-up. That is a really good question. Federal student loans are generally not dischargeable through bankruptcy. Filing for bankruptcy does not grant you the ability to discharge those past debts and does not affect your future ability to seek funds, at least in general terms. State loans or private loans may be affected by bankruptcy.

Hope that helps.

Customer: replied 1 year ago.

Dear Dimitri,


 


If I accept getting served by the server and then I go to court. Should I file for bankruptcy before the court or afterwards? Would the court suspend my DL if I declare bankruptcy? Im honestly considering that option to start fresh again.


 


Thanks

Expert:  Dimitry K., Esq. replied 1 year ago.

George,

Thank you for your follow-up. If you file for BK your driver's license is not suspended. You can file at any time, filing before the court will still permit you to lit this potential debt on your filing and get it discharged once a judgment is obtained.

Good luck.

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