How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36226
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
19958803
Type Your Legal Question Here...
Barrister is online now
A new question is answered every 9 seconds

My grandaughter lives in Sitka Alaska. She is being sued by

This answer was rated:

My grandaughter lives in Sitka Alaska. She is being sued by a Bank because( as I understand) her estranged husband, who she had restraning orders against, took their vehicle without her knowing. He was drinking, picked up a hitchiker and was in an accident. The hitchiker was injured. The estranged husband left Alaska, no one knows where is. The bank is sueing and now has caused my grandaugher's license to be suspended. She is being sued for $300,000.00 and lives on assistance from the state of Alaska. What do you think?
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
.
Why is a bank suing her?
.
Are you sure it isn't the hitchhiker that was injured in the wreck and is now suing her because she is the owner of the vehicle?
.
.
Thanks
Barrister
Customer: replied 3 years ago.


The bank is suing because she only had Liability Ins. on vehicle. She, being young did not know she was to have full coverage on a financed


vehicle. Should it have been the responsibility of the Bank to make sure she had full coverage. And you are correct, the hitchhiker fits in here somewhere. The attorney for the bank is also suing her for time spent and travel costs.

Sorry for the delay, was out of my office until now..

Ok, at this point, to be honest with you, if she doesn't have the money to pay off any judgment, then her only realistic option to get out of being sued by both the bank and the hitchhiker (since it was her car) would be to file bankruptcy to discharge all liability to either party.
.
It may not be a pleasant option, but if either party gets a judgment against her, they will be able to garnish up to 25% of any wages she earns for long into the forseeable future..
.
.
Thanks
Barrister
.
Customer: replied 3 years ago.


What about her drivers license?

Once the debt is discharged, her driver's license would be able to be reinstated. When someone doesn't have insurance to cover any damages, the DMV can suspend their license. But if she files BK, it will wipe out that debt and there would no longer be any reason for her DL to be suspended.
.
.
Thanks
Barrister
Customer: replied 3 years ago.


Is there a Statute of Limitations in Alaska that would eventually eliminate this suite?

Well, the hitchhiker has 2 years to sue. The bank has 2 years to sue as well.
.
If they get judgments against her, then they can collect on it for 10 years, then renew the judgment for another 10 years, so essentially 20 years is how long they could garnish wages and try to collect.
.
.
Thanks
Barrister
Barrister and 2 other Legal Specialists are ready to help you