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  1. #1
    Join Date
    Sep 2007
    Posts
    2

    Default Can a Judgment Be Overturned?

    On May of 2003 my son's car rolled backward 5 ft. in public parking area (he thought the car was in park but was in neutral), tapping the bumper of another car. The car was occupied by a lady we'll call Jane. Jane and my son exchanged insurance info. as there was a quarter sized ding on her bumper. No police report was made, my son contacted his insurance company.
    Eighteen months later my son and his wife moved from central Fl to north Fl where they lived for a couple years.
    Two years after the accident a letter appeared at my address from a collections attorney stating that they represented an insurance company that had paid a claim in the amount of $17000. The problem is that the name of the claimant and date of the accident was completely inaccurate.
    I wrote them a response that this letter was mistakenly mailed to the wrong person as my son hadn't had any accident with person listed nor on the stated date. My son nor myself never received any communication from anyone regarding this matter until last week.
    A letter from the same collections attorney appeared at my son's address (the first direct correspondence to him) stating that a judgment had been obtained against him as of the first of this year. Again no notification prior to this recent letter. At the top of the letter it states one amount of over $20000, later it states $6200 to satisfy debt. Also, the CA said that if arrangements haven't been made in ten days they will have driver's license suspended.
    Apparently Jane was an opportunist. Must have immediately contacted a personal injury atty. who in turn hooked her up with medical associate. All three gained monetarily from the insurance company who not questioning paid to settle without any information other than this lady's side of the story.
    What can be done to reverse this judgment? Can this attorney have my son's license suspended? He and his family live week to week and cannot afford this. Should he contact the CA? Personally I think this whole thing stinks! Any info. would be helpful. Concerned dad.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,650

    Default Re: Can a Judgment Be Overturned?

    Ask for information about the lawsuit and judgment, then hire a lawyer to investigate how a judgment was entered without your son receiving any notice that a lawsuit had been filed. (Your son can try to see if his auto insurance company from the time of the incident will help him.)

  3. #3
    Join Date
    Sep 2007
    Posts
    2

    Default Re: Can a Judgment Be Overturned?

    Who do we ask for lawsuit and judgment info. from?
    Also his auto insurance coverage at that time only consisted of PIP and liability. His insurance company did pay out $450.00 for new bumper of other vehicle.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,650

    Default Re: Can a Judgment Be Overturned?

    Ask whomever contacted you for more information.

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