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I am being sued for a car/mortorcycle accident. I was drinking,

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under the legal limit. The...
I am being sued for a car/mortorcycle accident. I was drinking, under the legal limit. The motorcycle flew out in front of me as I was about to turn into a parking lot. The car I was driving did not have insurance. The motorcycle the kid was driving did not have insurance. The plaintiff is suing me for alot of money, and I dont have any assets. Dont own a home, no money in the bank, don't drive a new car. I have nothing to give. I can't claim bankruptcy because it was alchohol related. What will happen to me? I can't pay anything, not even a lawyer. they will surely win. I make 9 dollars an hour and work part time. I am a student going to school for nursing. When the plaintiff wins the judgement, how will he collect any money from me? Your answers would be apprieciated. Thank you.
Submitted: 8 years ago.Category: Legal
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6/25/2010
Lawyer: Andrea, Esq., Attorney replied 8 years ago
Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12,554
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Verified

Thank you for your question

 

If you have a criminal lawyer, he might be able to help you in the civil case because criminal lawyers are, or should be well versed in litigation.

 

1. If you hit someone from behind, people think that the vehicle which rear ended the other car is automatically at fault, but this is not necessarily the case. Although there is a presumption that the vehicle in the rear is at fault, the driver of that vehicle can raise the defense of contributory negligence; In other words, the front vehicle contributed to the accident and to any injury the driver may have sustained.

 

2. If the other driver sues and wins, he can sell assets which you own in order to satisfy his judgment, however, he must first find assets before he can sell them. If you do not own any assets, then he cannot satisfy his judgment. They do not put people in prison anymore for debts, so don't worry about that.

 

__________________________________________

 

 

Please press "ACCEPT" so that I may receive credit for assisting you

 

That is the only way I get paid

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

 

Don't forget to leave positive feedback!

 

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Customer reply replied 8 years ago
Relist: Incomplete answer.
The motorcycle that was uninsured flew out in front of me as I was turning into a gas station. He hit the car i was driving (which was my boyfriends) and the car did not have insurance. He is suing me for all sorts of things including speeding, though my car went about 10 feet from a dead stop in the turn lane. I am a good person with an excellent driving record, no points or tickets. Will the state be able to garnish my wages? will I ever be able to put anything in my name again? Do you know how much it may be costing this kid to hire this civil lawyer? When they see that I have absolutely nothing to give, is it possible that they will drop the case If the lawyer knows he will not be getting paid (which is why I am asking the costs)Since the kid did not have motorcycle insurance, will that be viewed as anything that may help my case?
Lawyer: Andrea, Esq., Attorney replied 8 years ago

I'm sorry if my Answers did not completely resolve your questions. However, you asked the following questions:

 

1. What will happen to me ?

2. If the plaintiff gets a judgment, how will he collect any money from me ?

 

I not only answered those questions completely, but I gave you additional information as well. Therefore, I do not understand how these answers are "incomplete"

You had stated that the motorcycle "flew out in front of" you. You did not state that it hit the car you were driving. You led me to believe that you hit the motorcycle.

 

In your first comment, you stated that you were "...about to turn into a parking lot..."

 

However, in your latest statement, you said you were "...turning into a gas station..."

 

Your latest questions:

 

1. Will the state be able to garnish my wages ?

2. Will I ever be able to put anything in my name again ?

3. Do you know how much it may be costing this kid to hire a civil lawyer ?

4. Is it possible that they will drop the case ?

5. Since the kid did not have motorcycle insurance, will that ... help my case ?

 

These are entirely new questions, none of which were mentioned initially. The policy of JustAnswer is to have customers ask a question and we encourage the customers to ask follow up questions to clarify anything the customer does not understand in the Expert's Answer. JustAnswer prefers that customers begin new questions in a new window.

 

I will be glad to opt out of your question and another Expert may be able to help you.

 

Thank you

 

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Lawyer: Jonathan Leventhal, Attorney replied 8 years ago
Jonathan Leventhal
Category: Legal
Satisfied Customers: 250
Experience: Member State Bar of California
Verified

Thank you for your question.

 

When dealing with the costs of a civil lawyer for a trial such as this, the Plaintiff's attorney (the one doing the suing) and the defense attorney each have separate pricing schemes.

 

For example: Most Plaintiff attorney's in accident cases work on a contingency basis. That is a fancy way of saying the get paid a percentage if they win the case. However, most attorneys will not take on a case unless they have a defendant who has either insurance or money of their own. (What is the point of suing if the defendant has no money).

 

A defense attorney is another matter completely. They take the case for cash. Their fee is split in two parts.

 

1. Costs prior to trial.

2. Costs if a trial occurs.

 

I personally will not take a civil trial case of this sort for less than $25,000 cash up front.

 

 

Once a party has a judgment against you they must then enforce the judgment. This is done via a writ of execution. It is a document that is signed by the court that permits the winning party to seize assets that are not exempt by your states debtor protection laws.

 

Furthermore, if the judgment holder finds out where you work they can garnish your wages. (Your employer is forced to deduct a percentage of the wages and send it to the judgment holder). The amount is limited to a percentage based upon the gross amount you earn and your states laws.

 

As you mentioned, you have no assets and only earn a small amount of money. However, a judgment is good (depending upon your state) for up to ten years and can be renewed.

 

 

 

 

I hoped I have answered your question to your satisfaction.

 

Jonathan Leventhal, Esq.

 

This is information only, NOT legal advice. No Attorney-client relationship has been created. Please consult an Attorney in your state for legal advice regarding this matter.

 

Please press the "accept" button so I may be credited and paid for my time when I have answered your question. I am available to answer follow-up questions or to clarify this answer. Positive feedback or a bonus is always appreciated. Thank you very much.

NOTE: Sometimes we receive your question before we receive your additional "optional information". If my answer does not appear to consider your optional information, please let me know as I was probably not able to view it when your question was first received.

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