Need Some Help With A Legal Matter

[jackson]

hey guys i'm pretty mad right now i just recieved a letter saying that i'm being sued for $7k , this is in regards to an accident i got into over a year and a half ago.

The details of the accident aren't important right now. But what i want to know is that if the party suing has filed all the legal hahahahahahahahas in the wrong name is the person who is being sued held responsible for the hahahahahahahahas that were being sent to the address. I'm 20 years old i don't have much experience with this at all. The thing is when they sent the hahahahahahahahas they spelled my last name completely wrong like not a messed up letter a completely last name. Now since the court hahahahahahahahas were filed against michael guccino and not myself does that make me not responsible for the time period in which i had to respond and also will it keep me out of court considering the woman who hit me didn't file the lawsuit until a year after the accident and also now that the court hahahahahahahahas are filed under the wrong name does she have the option to sue me still, considering it's been a year and a half after the accident isn't there a certain time period in witch after the accident you have to take action against the person ???

btw i live in new jersey

PLEASE ANY HELP WOULD BE APPRECIATED IF YOU NEED ANYMORE INFORMATION PLEASE LET ME KNOW!

[Juicy D. Links]

Do i look like a lawyer?

[DR_PHIL]

freeadvice.com

[jackson]

can anyone point in the right direction on where i can find out more information about a matter like this anyone know any lawyers i can get some free legal advice from?

[jwerd]

Bump for a fellow webmaster

[Juicy D. Links]

Originally posted by jackson
can anyone point in the right direction on where i can find out more information about a matter like this anyone know any lawyers i can get some free legal advice from?

Hit headless up , His dad is a attorney

35-534-250

[studio]

Call a lawyer...

[detoxed]

free legal advice? not gonna happen

[jackson]

Originally posted by detoxed
free legal advice? not gonna happen

i didn't think it would be easy to find... i dunno i have to try man i don't have that kind of money at all..

[Lace]

Originally posted by studio
Call a lawyer...

[jackson]

i called a few in my town none would talk to me about it... and my parents won't help me at all neither will they're lawyer without a fee i dunno i dunno wat to do im buggin out...

[jackson]

Originally posted by juicylinks
Hit headless up , His dad is a attorney

ty juIcy

[freeadultcontent]

Umm you shit out of luck. Prepare for court.

A miss spelling is not grounds for dismisal and even if it was she could re-file under your correct name.

A year and a half is not past the typical statute of limitations in most states.

7k is an odd amount, to much for small claims, yet only a nutjob or someone with free legal would do it in real court. Unless of course she is filing against you In Pro Per.

[jackson]

she's suing me in court, she doesn't seem to have a lot of money she's a polish immigrant i know that like she must have moved here not to long ago she didn't even speak a word of english. i dunno im fucked

[jackson]

i dunno thread closed if anyone can help me i guess contact me on icq THANK YOU EVERYONE WHO HELPED I REALLY APPRECIATE IT, i had no idea what to do in this situation please contact me with any more information

ICQ#303419172
EMAIL: [email protected]

[freeadultcontent]

Odds are she is acting as her own council then. Problem is it is real court and not small claims. Then this amount also makes it dificult because an attorney will cost you a few thousand. This would probablly be more than you would have to pay in arbitration.

Generally to keep the courts less filled up they will require arbitration. This may be a good alternative. Offer a small settlement that would be less than your attornies fees to handle the case through verdict.

On the other side, you could bury her in paperwork responses that have to be filled out to set rules. Each filing costs money for both sides unless they qualify for free legal assistance.

Or do not really fret it, ride through it and do what is required. Worst case is you loose and then she gets to spend the next 7 years or so trying to collect on it.

[jackson]

yeah honestly, i know i can file for free legal assistance im 20, and have no recorded form of income... so i'm guessing they would have to provide me with some sort of assistance.

yea i don't know how far this would go in court. and if she does win your right she's gonna end up spending the next 7years collectin it from me cause i have no were near that much money and i already have a loan in my name that i still owe 2500 on so... i sorta have some things against me money wise...

[bopha]

I'd be curious to know if your car insurance provider could help you. Was a claim made between insurance companies?

I'd definately start there.

[jackson]

thanks for the advice by the way, i never said thank you and you were one of the more help ful responses that i recieved

[freeadultcontent]

Originally posted by jackson
yeah honestly, i know i can file for free legal assistance im 20, and have no recorded form of income... so i'm guessing they would have to provide me with some sort of assistance.

yea i don't know how far this would go in court. and if she does win your right she's gonna end up spending the next 7years collectin it from me cause i have no were near that much money and i already have a loan in my name that i still owe 2500 on so... i sorta have some things against me money wise...

The legal assistance is just a waiver of fee's for filing and such. It does not get you any council. Do it anyways to save yourself some cash. It is a very simple process.

If she does win, collecting is a bitch. It is not like they just attempt to take it from you.

[jackson]

yeah, they would have to take me into collection or something with a collections agency or something of that sort now heres another question i was contacted by a collections agency about the matter is that a bad thing?

[freeadultcontent]

Originally posted by jackson
yeah, they would have to take me into collection or something with a collections agency or something of that sort now heres another question i was contacted by a collections agency about the matter is that a bad thing?

Only to your credit report.

[jackson]

ok good stuff then there is no need for me to make any payments to the collection agency until the matter is further handled in court right? What do you think my best option is for a lawyer, do i need one, should i get one, or a court appointed one (if they can even do somethin like that in a case like this)?

[twistyneck]

Originally posted by jackson
yeah, they would have to take me into collection or something with a collections agency or something of that sort now heres another question i was contacted by a collections agency about the matter is that a bad thing?

1) Give the court paperwork to your insurance company and let them deal with the lawsuit. Hopefully you had insurance.

2) Get a lawyer to send the collection agency a Nasty Gram telling them to fuck off. They will more than likely back down and you'll never hear about it again. Tell him to make sure to let them know that you value your credit and if they fuck with it, you will sue them. This will cost you about $50 to $100 but it works and it is money well spent.

[twistyneck]

Originally posted by jackson
ok good stuff then there is no need for me to make any payments to the collection agency until the matter is further handled in court right? What do you think my best option is for a lawyer, do i need one, should i get one, or a court appointed one (if they can even do somethin like that in a case like this)?

Don't send them a penny. You don't owe them anything until a judge says you do.

[freeadultcontent]

Originally posted by jackson
ok good stuff then there is no need for me to make any payments to the collection agency until the matter is further handled in court right? What do you think my best option is for a lawyer, do i need one, should i get one, or a court appointed one (if they can even do somethin like that in a case like this)?

No payments would show on your credit report. Odds are if collections is after you they are already there.

Cant say yes or no on lawyer. Personally I would always recomend one. Yet for this case with the amount being 7k I would hold off on retaining one until you hit arbitration and she denies it. Odds are if your worried about a 7k judgement then a lawyer's cost would be out of the question anyways.
They do not give court appointed lawyers in civil cases.

[CuriousToyBoy2]

Did I miss something round here?

It seems of late that everyone and their dog is asking for legal advice ...

So when does the GFY Legal Aid forum kick off.

If you ain't sure, retain a lawyer.

If you cannot afford a lawyer.

Tough titties.

[adjektiv]

I am a lawyer and I can give you some good advice about this.

Call the hahahahahahahahas and ask about hahahahahahahahas and also hahahahahahahahas is a good thing to do in this situation. hahahahahahahahas at the beginning is a must and begin to hide your hahahahahahahahas immediately with hahahahahahahahas banking hahahahahahahahas.

I would hahahahahahahahas immediately and then begin the process of hahahahahahahahas.

But the single most important advice I can give is don't hahahahahahahahas the hahahahahahahahas.

[bopha]

I still think you're putting the cart before the horse if you haven't contacted your auto insurance company. If claims were made on the accident, she may have signed paperwork stating she will not longer hold you libel for damages inwhich case you don't need an attorney.

If claims are paid out everyday and there is a possiblility for people to sue after they settled, then everyone would fighting for two paydays per accident.


Have you talked with your insurance?

[jackson]

Originally posted by twistyneck
1) Give the court paperwork to your insurance company and let them deal with the lawsuit. Hopefully you had insurance.

2) Get a lawyer to send the collection agency a Nasty Gram telling them to fuck off. They will more than likely back down and you'll never hear about it again. Tell him to make sure to let them know that you value your credit and if they fuck with it, you will sue them. This will cost you about $50 to $100 but it works and it is money well spent.

1) i had insurance but only liability

2) ok, i will definately look into doing that tomorrow.

[bopha]

If you had liablility, that's pretty much taking care of the other people-not your car or medical. Which would be the insurance you'd need if you hit someone.

Just thinking out loud here..

Do you know if your company paid a claim to her?

If you are in an accident and you settle and get paid a claim, you're saying you are 'settling'.

They tell you not to settle with the insurance if you are not sure the extent of your injuries...etc. The insurance companies generally want to settle right away to avoid lawsuits.

If she were not paid a claim and she is suing it should be your insurance company that will have to pay.

[suesheboy]

don't you have insurance? They will fight it for you for free.

[hottoddy]

If they just have the wrong name, but everything else it correct, it just might be you some time. The complaining party has plenty of opportunity to amend the paperwork later. Don't believe that will protect you in the long run.

[synergysex]

Most states have a provision that allows a criminal complaint to get tossed if it is defective. I have won many a traffic court case this way.

However, this is a civil case. The case will not get tossed and even if it did, the Plaintiff will move the court for leave to file an amended complaint (ask the court for permission to submit a revised lawsuit with the corrections made) and the court will almost surely grant such a request.

If you do not show up, a judgement by default will be entered against the person named on the complaint. If your last name and the last name on the complaint are similar, it will still make it to your credit report and the Plaintiff can proceed with execution actions (garnishments, asset siezures, etc).

If you had auto insurance at the time of the accident, call your insurance company and let them deal with it.

Your best bet is to get an attorney now and not try to play the court over a technical issue like this. They resent this and the worst thing you will do is set the case back a few months but the result will be the same only you'll have a pissed off judge making decisions against you instead of a non-biased one.

Call your insurance company. Or look for a lawyer that gives free consultations. I find it hard to believe there isn't at least one somewhere around where you live that gives free consultations.

[reynold]

Do they have a pic of you? A wrong surname will just buy you some time but not altogether free you of the charges.

[twistyneck]

Originally posted by jackson
1) i had insurance but only liability

2) ok, i will definately look into doing that tomorrow.

This is exactly what liability insurance is for. Call your agent and tell him what is going on. They'll take it from there. As long as your policy was in place you don't have anything to worry about.

[jackson]

ok, tomorrow i will take of things with my insurance company, i do have liablity insurance so if what you guys are saying is true then things might be ok, my asshole parents have been "handling" the situation for me, but there doing nothing and im not getting fucked while they sit around. My parents already contacted them a few weeks ago i have to bring the police report down but they said nothing about what they would do, or they just didn't tell me what was said.. i dunno but im gonna take care of things tomorrow and let you know how things work out.

Shout Outs to freeadultcontent and twistyneck thanks for the help