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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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In the case of an auto accident in Texas 2 years ago, while

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In the case of an auto accident in Texas 2 years ago, while driving a company vehicle, assuming everything was taken care of then by the employer's insurance, my husband is now personally being sued by the other driver, as is the leasing company that the employer leased the vehicle from. There was no death involved. We assumed her injuries were not serious. My husband's actual employer is not listed on the court documents. Upon receiving the notice, my husband called his previous employer (we now in Arizona), who gave him the name of the lawyer representing them. That lawyer had contacted them earlier. We have 20 days to reply. My husband is leaving the country next week on a previously planned trip. We would hope to get some answers before he leaves. We have not heard back from the previous employer's lawyer. Shouldn't we be covered under the protection of his previous employer's insurance? If that lawyer does not get back to us, what should we do in response to this suit? I am very worried about our assets. My husband is retired and I am the only one working. Are Social Security benefits and military retirement benefits subject to Judgments, and is my personal income safe from a judgment since I am not listed in the suit? Is our home safe from a judgment?
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear about your situation. He should absolutely file an answer. (a form can be found here: http://texaslawhelp.org/files/685E99A9-A3EB-6584-CA74-137E0474AE2C/attachments/FF31AD8A-CA4D-4642-9E8B-744A405D7835/answer-civil-and-information-sheet-2012.pdf) The reason is that if he does not, the plaintiff can get a judgment on him (if there has already been service of process).

ScottyMacEsq :

Now that being said, to answer your question: It depends.

ScottyMacEsq :

Most of the time there is a settlement that is entered into between the insurance and the injured. This settlement is a waiver of claims by the injured, against everyone involved.

ScottyMacEsq :

He would need to look at the terms of this settlement.

ScottyMacEsq :

As for what can be recovered: Social security and military retirement are exempt from personal injury judgments. A judgment lien can be put against your home, but they can't enforce it unless and until you try to sell it. That is , they can't force a foreclosure.

ScottyMacEsq :

As for your assets, that's a bit more difficult. It's possible that they could try to go after your assets. They can't garnish your wages, but can go after marital property (i.e. Wages that go into a common account). One way to get around this is to have the bank account in your name only.

ScottyMacEsq :

Again, this should be answered, which will give you more time to get the facts and put forward a defense. That defense could very well be that the plaintiff waived rights and doesn't get a second chance at it. But that is entirely dependent upon those facts.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq :

Should I continue to await your response, or may I assist the other customers that are waiting?

ScottyMacEsq :

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 12107
Experience: Licensed Texas General Practice Attorney
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ScottyMacEsq
ScottyMacEsq
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Licensed Texas General Practice Attorney