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Absolutely! Whether or not their charge was deferred has no relevance to your right to have your car repaired due to damages caused by the driver. They remain liable to you and if they won't pay the claim, file the suit in small claims court. Filing the suit will give you the collection options and leverage you need to collect the debt owed you. That's because once the suit is filed and a judgment awarded, you become a judgment creditor
, and if he doesn’t then pay the judgment, you can have the sheriff serve a summons on him for a debtor examination. That forces him to meet you in court again and answer questions under oath about his assets. After that information is obtained, you have the power to garnish wages(unless you are in TX. SC, NC, or PA), attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property he owns to satisfy the judgment. In my experience, simply filing the suit is typically all you need to do to resolve this outside of court because most of the time, once served with a summons he is being sued, the driver will want to settle out of court to avoid the judgment being on his permanent record.
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