Sued By a Friend Over a Car Accident

[LilMarine22]

:x Ok here is the situation. my name is jessica and i am a United States Marine. I am currently in Al Asaad Iraq fighting for freedom. I was sent a court summons at my mothers in New Jersey, my best friend is suing me for a car accident from 2 years ago, that was at my fault. She is claiming that she can no longer work and that is was my neglegence that caused this. She has been working the last 2 years since the accident and I can prove it. Unfortunately, my mother does not have power of attorney and cannot represent me in court. What should I do and where do I start? I do not return from my deployment until march of next year. Please help me.

[aaron]

You may wish to avail yourself of your rights under the Soldiers and Sailors Relief Act of 1940:

Another significant protection under the act relates to civil proceedings. Service members involved in civil litigation can request a delay in proceedings if they can show their military responsibilities preclude their proper representation in court. This provision is most often invoked by service members who are on an extended deployment or stationed overseas. "I would recommend a service member contact the unit or installation legal office immediately if they receive notice of court proceedings against them," Lindemann said. "Civil court proceedings can involve very complex issues and no one should do anything, including requesting a stay of proceedings, prior to seeking legal advice."

To learn more about these or other provisions of the Soldiers' and Sailors' Civil Relief Act, contact your unit or installation legal assistance office.

Since this relates to a car accident, you (or your mother) should notify your auto insurance company of the claim, and of your present active duty status.