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Recently I talked to a lawyer about a legal problem I'm having. I'm being
sued because of a small fender bender, in which I was un-insured. I have
two cars, one is insured the other wasn't, I was driving the un-insured one.
The other driver was insured.
Since I live in California, if the other party decides to file a civil
lawsuit against me,and a judgment is made..and record of this goes to the
Calif Dept of Motor Vehicles..they can suspend my drivers license, for up
to six years. This would be bad in my current situation cause, I need my car
to drive to work locations. Thus I could lose my job. Can't even get a
restricted license in that case.
In event , that I lose my job in this situation, normally in California you
could apply for "unemployment insurance"...and at least that way I'd have
some income coming in, for a while , but in this situation I might not even
qualify for un-employment insurance , since my employer might have "just
cause" for terminating my employment, ( a car, and drivers license is a
requirement for this job), therefore I wouldn't qualify for un-employment
payment after being terminated from my job..
So I decided to take some others advice, and see a lawyer. Mainly to ask a
question about the plaintiff's( Insurance company, Bill Collector) behavior,
I feel that I am being made to pay, inflated claims, one originally from
the insurance company, then another from a billing collection company, and
that the Insurance company failed to negotiate in good faith.
The lawyer didn't think I had a case against the bill collector, or the
insurance company regarding inflated claims. But he did mention that I
should say to the Bill collector, that I had 1000.00 and that I am
considering filing for chapter 7 bankruptcy, ( as leverage for
negotiation ). Didn't sound like a good idea to me, mention this to the Bill
Collector...but maybe filing for Chapter 7 bankruptcy isn't a bad idea.
Anyway after I last talked to the Bill Collector, he said that he was going
to send my case in for civil litigation, since we could not negotiate a
payment arraignments , I don't even have 1000.00 at this time.
Hell I can't even get a $1000.00 loan from a bank to file for the Chapter 7!
I tried to get a loan from my own bank, in which I have maintained an
account since 1990.. WELLS FARGO BANK, and her sister affiliate wouldn't
approve a request for a loan I made for $4500.00, in they said I didn't have
any credit history to approve the loan, Okay, 4500.00 would be difficult for
me to pay off at this time. I tried to get a loan for only 1000.00 from my
bank and its affiliate , and they denied it for similar reasons, even though
I have a 500.00 credit limit on my credit /debit card! Which is probably
more than enough to file for a Section 7.
So I'm wondering if filing for chapter 7 is worth it . IF approved it would
it stop all legal action against me concerning a pending civil action
against me regarding the plaintiff;s claim., Plus I could nullify some other
debts I have. So maybe I could keep my job awhile longer, and save my
drivers license. On the negative side , I wonder if a bankruptcy judge will
approve my petition to nullify this debt concerning a pending civil
case..since they CAN deny it ( hence I be wasting my money filing it), also
the plaintiff can "object to discharge" the debt, in that case I'm advised
to get a lawyer, and I'm at the 1000.00 chapter 7 solution. Also the Chapter
7 would hurt my credit in ways I don't know or can foresee.
I'd be in really dire straits if a renter would not rent to me for 10
years + because of a Chapter 7. But then I'm in dire straits now, and I
can't even get a 1000.00 loan cause I have NO credit. So maybe it makes
little difference.
Yet, the alternative is that I might be able to keep my license, but be in
debt to a to a bill collection agency for some time due to some civil
judgment handed to them by a court of law, provided that I can make small
payment on their debt. If I do nothing and this Bill collection
again/insurance company doesn't file a civil lawsuit against me, it might
go on my credit report..hurting what credit I do have any way?
Perhaps I should wait to see if this what they do if anything, I could
always apply for Chapter 7 later, if I have that money.
"They say if you outlaw guns, only outlaws and criminals will have guns. Well
,#@($, those are precisely the people who need them." George Carlin
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On 9 Aug 2003 07:00:16 -0700, Ozymandias
<Ozymandias_member@newsguy.com> wrote:
In event , that I lose my job in this situation, normally in California you
could apply for "unemployment insurance"...and at least that way I'd have
some income coming in, for a while , but in this situation I might not even
qualify for un-employment insurance , since my employer might have "just
cause" for terminating my employment, ( a car, and drivers license is a
requirement for this job), therefore I wouldn't qualify for un-employment
payment after being terminated from my job..
"Just cause" is not the standard for determining entitlement to
unemployment insurance benefits. "Gross misconduct" is.
------------------------------
Bob Stock, California Attorney
Nothing I've said should be relied on as legal advice.
------------------------------
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Ozymandias wrote:
Since I live in California, if the other party decides to file a civil
lawsuit against me,and a judgment is made..and record of this goes to the
Calif Dept of Motor Vehicles..they can suspend my drivers license, for up
to six years.
Your troubles are going to occur no matter if they file or not. DMV
already knows. See
http://www.dmv.ca.gov/pubs/hdbk/pgs66thru68lossoflicense.htm#
Did you lie on the report to DMV and say you had insurance?
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