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I am being sued for roughly $100k over a drunk driving accident I had three years ago in Florida. I was also an uninsured driver at the time and struck at motorcyclist. I was not convicted of causing serious bodily harm at the time but it seems as though I am being sued by his insurance company as such. I was just served a notice saying that I have 20 days to repsond to the clerk of courts regarding the pending case. I cannot afford a lawyer at this time and was wondering if a) legal aid services handle such civil cases and b) if the insurance company wins a judgement against me, is that judgement voided if I declare bankruptcy? Also, the accident happened almost 3 years ago to the day that I've been served with this paperwork? Is there no statute of limitations on civil matters?

Submitted: 293 days and 2 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
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Weston, Florida

Answer

Sorry this has happened to you.

 

The statute of limitations has not run yet.

 

Legal aid is not going to handle this.

 

In bankruptcy, you cannot discharge damages which are caused by "intentional torts". It is an open question whether the bankruptcy judge will consider drunk driving an "intentional tort". My gut reaction is it will not be dischargeable.

 

You have the right to answer the lawsuit yourself. just make out a paper that says ANSWER and has the case number and the name of the case. Write "I am the defendant herein and I deny all of the allegations contained in the complaint and demand strict proof thereof. I demand a trial by jury on all issues." Sign the answer, put your address and telephone number on it, and mail one copy to the clerk of the court and one copy to the lawyer for the plaintiff. Good luck to you.

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Expert: FLACORPLAWYER
Pos. Feedback: 98.0 %
Accepts: 
Answered: 2/3/2009

Attorney

23 Years as attorney, licensed NY and FL. Former US ATTY.

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