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  1. #1
    Join Date
    Jan 2018
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    12

    Default What Can You Do if You Can't Afford to Pay for Injuries You Cause

    My question involves an injury that occurred in the state of: CA

    Normally traffic accidents are not my responsibility, but I got into this:

    A co-worker's father, who is old and broke and lives in the co-worker's rented room as a permanent guest, had an old car. Tl,dr, he hit a luxury car and totaled his old one. He has no assets and no property whatsoever (he does have lots of debt though), and the car he used to drive was his last property. he had a cheapo insurance which only covered the most basic ones.

    Now, the driver of the luxury car claimed an injury and the party's insurance co has demanded an amount north of $30k for damages, but the co-worker's father appears to be judgment proof. He has some other issues which is not relevant to this thread and just wants this thing to end. He knows he will never have the money to pay the insurance co but he doesn't want it harassing him for the rest of his unhappy life.

    How can this issue be resolved with as less pain as possible?

  2. #2
    Join Date
    Oct 2016
    Posts
    3,132

    Default Re: Claims Against a Judgment Proof Person

    He has liability insurance it is the insurance carrier's duty to defend the insured party.

    The minimum amount of liability insurance you must have on your policy is $15,000 for injury/death to one person. $30,000 for injury/death to more than one person. $5,000 for damage to property.

    If they can't settle for that amount or less it will go to court there will be a judgment he simply can't pay.

  3. #3
    Join Date
    Aug 2013
    Posts
    284

    Default Re: Claims Against a Judgment Proof Person

    In theory the party with the judgement he cannot pay could declare bankruptcy.

  4. #4
    Join Date
    Jan 2018
    Posts
    12

    Default Re: Claims Against a Judgment Proof Person

    So, if he sends a notarized letter showing he has no assets whatsoever and will not be able to pay a penny on the judgment, will it do him any good?

    @Daww he has other debts which he can't pay anyways and had been delaying BK for all these years because he thought it was not worth the trouble, so would a BK help AFTER the judgment?

  5. #5
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,389

    Default Re: Claims Against a Judgment Proof Person

    I don't know why people think that a notarized letter is some form of legal document that states some sort of fact. I could send whomever I want a notarized letter that they owe me money but the letter doesn't make it fact.

    The only service a notary provides is verifying who is signing the letter/document and that's it.
    "Where do those stairs go?"
    "They go up!"

  6. #6
    Join Date
    Aug 2013
    Posts
    284

    Default Re: Claims Against a Judgment Proof Person

    Let's say that Bob is the pauper who runs into luxury cars.
    - Just because Bob says he is broke does not mean that Bob is truthful.
    - Just because Bob is broke today does not mean he will not win the Powerball jackpot or someone will die and leave him money. Today is today and tomorrow is tomorrow.

    What possible reason does someone who is owed money and has a judgement to just tear up the judgement?

  7. #7
    Join Date
    Oct 2006
    Posts
    15,497

    Default Re: Claims Against a Judgment Proof Person

    Quote Quoting ceeeffoh
    View Post
    So, if he sends a notarized letter showing he has no assets whatsoever and will not be able to pay a penny on the judgment, will it do him any good?

    @Daww he has other debts which he can't pay anyways and had been delaying BK for all these years because he thought it was not worth the trouble, so would a BK help AFTER the judgment?
    Yes, a bankruptcy would help after a judgment. It might even help for him to make it clear to the attorney involved that he is totally insolvent, with no assets of any kind, and will be declaring bankruptcy if a judgment happens. At least then the attorney will be aware that there will be nothing to recover if the attorney has taken the case on contingency.

  8. #8
    Join Date
    Jan 2018
    Posts
    12

    Default Re: Claims Against a Judgment Proof Person

    I am not "Bob" so I don't know for sure. I am only working with the info I have.

    He appears to want to find what would be the best option for him to deal with this matter now, based upon his current situation.

  9. #9
    Join Date
    Mar 2013
    Posts
    17,043

    Default Re: What Can You Do if You Can't Afford to Pay for Injuries You Cause

    Quote Quoting ceeeffoh
    View Post
    He knows he will never have the money to pay the insurance co but he doesn't want it harassing him for the rest of his unhappy life.

    How can this issue be resolved with as less pain as possible?
    It can't. He doesn't have that choice unless he files bankruptcy.

    Lawyers hear this every day "If you try to collect I'll file bankruptcy."

    They don't believe and either file suit or send to collections where the debtor is hassled for a long long time.

    Obviously, he may never have to pay and could die with the debt, which his estate will have to pay before heirs get anything, if there is anything in the estate.

  10. #10
    Join Date
    Oct 2016
    Posts
    1,116

    Default Re: What Can You Do if You Can't Afford to Pay for Injuries You Cause

    Quote Quoting ceeeffoh
    View Post
    Normally traffic accidents are not my responsibility, but I got into this:
    What does THAT mean? What normally IS your responsibility?

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