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 Posted: Sat Sep 03, 2011 2:16 pm Post subject: |
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| Quote: | | im also in college,and im pretty broke and don't even have a job. they have suspended my license. |
Broke college students should not be driving. Good thing your license has been suspended. You might learn something about life and personal responsibility that you won't be taught in college.
| Quote: | i get a letter from a collection agency like every month it says "they will go through a litigation process. or pursuit of collection through any other methods permitted under state or federal law" im not really sure if they will actually do this, what do you guys think?
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First, the letters are mostly BS, and are trying to intimidate you into paying (you should pay, but you can always choose not to be responsible for your debts). There is no application of federal law here other than the Fair Debt Collection Practices Act (FDCPA) -- research that to learn what your rights are.
Second, unless the Collection Agency ("C.A.") actually owns the debt, they have no legal standing to sue anyone in civil court. So they intimidate you with letters and phone calls. If you don't know your rights under the FDCPA, you need to learn them now.
Third, as long as you continue to ignore the letters, they will keep coming. If you move, they will eventually find you, and the letters will keep coming. The FDCPA permits this.
Fourth, if you ignore the letters for four years, the debt will become uncollectable (as a matter of state law).
Fifth, the debt will probably show on your credit report for many years, but after four years, you can dispute it as uncollectable. As long as you never pay -- or offer to pay -- one cent toward the debt.
In your case, it is unlikely that you will ever be sued by the C.A. It is a small claims matter. In a civil trial, they would have to prove you to be at fault for the accident before they could win a judgment, which means getting witnesses, police reports . . . too much effort and expense -- but getting you to agree to pay instead gives them something to sue over, and then they don't have to prove your responsibility for the accident (you admitted that by agreeing to pay), all they have to do is show the court your agreement to pay and prove you didn't make the payments. So, if you don't intend to "man up" and pay, don't agree to anything -- and don't talk to them over the phone about it. Any communication needs to be in writing, mailed Certified/Return Receipt. And you keep copies of everything they send you and you send them!
But if they do sue you . . . DO NOT IGNORE IT!!! Failure to respond or appear in court WILL result in a DEFAULT JUDGMENT which WILL NEVER GO AWAY. If you are sued, YOU WILL LOSE and will have to pay -- with interest back to the day of the accident if they ask for it.
You can always send them a "cease and desist" letter, but this could increase the likelihood of a civil action against you. So, unless you intend to pay, continue to ignore the letters.
THE ADULT, RESPONSIBLE THING TO DO IS ATTEMPT TO NEGOTIATE A SETTLEMENT FOR A LESSER AMOUNT OF MONEY. Tell your "broke college student" story to them and see if they take pity on you. But if you do this, BE SURE TO GET YOUR AGREEMENT IN WRITING, save copies of every payment you make, and GET A COPY OF THE "SATISFACTION" LETTER ("your debt has been paid in full") AND KEEP IT FOREVER!! Why? Because the C.A. will probably sell the debt to another C.A. who will hound you for years, too. If you cannot prove you already paid the debt, they could sue you and you could have to pay it a second time.
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MaxHerr
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| Posted: Thu Mar 01, 2012 9:06 am Post subject: |
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I have a $10,000 property damage limit on my policy and I hit a car and the value was $20,000. Will I have to pay the $10,000 out of pocket? Also even though he refused treatment at the scene, the other driver now says he has a shoulder injury. What if my policy isnt enough to cover that either.Can he sue me? I am only 26 and don't own anything..
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victoria603
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| Posted: Thu Mar 01, 2012 9:44 am Post subject: |
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First, see my sig.
| Quote: | | Will I have to pay the $10,000 out of pocket? |
You may. Your carrier won't settle unless the other person is willing to accept the $10,000 and sign a release. Instead the other party can file suit against you and your carrier will provide a defense. If you loose, your carrier will pay the $10,000 and the other person will have a judgement against you. Do you have $10,000? If not, the other person will have spend a lot of time and effort to get the $10,000 your carrier offered plus a piece of paper that says they can legally pursue recovery from you. In other words... they will probably not get anything. Some states allow for wages to be garnished but they would need to fit a wit in court to do this.
| Quote: | | What if my policy isnt enough to cover that either |
You have a separate injury limit from your property damage limit. It's the same as above.
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tcope
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| Posted: Thu Mar 01, 2012 10:05 am Post subject: |
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| Quote: | | they would need to fit a wit in court |
One of your better typos, tcope!
Methinks you meant "file a writ" -- or did you mean "throw a fit"? 
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MaxHerr
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| Posted: Thu Mar 01, 2012 10:11 am Post subject: |
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It means I worked too hard today and got burned out on insurance. 
I do have a "funny' story. I'll post in another thread. |
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tcope
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| Posted: Sun Mar 25, 2012 11:17 pm Post subject: Biclycle accident |
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Hi my son got in to bike accident and hit pedestrian, and my insurance deny the claim since my son is away for college,what is the next step we should do?can my son getting sue for? and he is broke no incomes full time students
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Dneedhelp
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| Posted: Mon Mar 26, 2012 12:10 am Post subject: |
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Again... see my sig.
| Quote: | | can my son getting sue for? and he is broke no incomes full time students |
Yes, and if he was at fault he will probably lose. Also, he'd need to pay for a defense out of his own pocket.
What can be done with the judgement differs from state to state. Some states allow the person holding the judgement to garnish wages and they can certain attach that judgement to any real property. Keep in mind, the judgement can be "renewed" and last until your son does have assets.
Will this happen? Probably not. Attorneys usually want instant money and will move onto the next, easier, case.
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tcope
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