Legal question? Help!?
Hi I had an accident a year back. It was my fault, and I gave my details etc to the person for them to get their monies. Their insurance company issued a summons against me for non payment of the repair costs as my (reputable) insurance company was being slack in making payment. I faxed the summons to my insurance company who duly paid the costs. I just got back from holiday to find that I had a judgement passed against me. Its obviously some sort of mistake, but these kind of things can have a huge impact on credit ratings etc. WHat shall I do? Help!!! Can these judgements be reversed?
Public Comments
- You need to call the insurance company and demand that they pay up.
- Whether your judgment can be reversed or not, you can still seek relief under the Consumer Credit Protection Act (which governs what the ratings agencies can consider, etc)
- Yes they do have a huge impact loss of driving privligages,plates not to mention a judgement stays on you credit report about 20 years. at least in illinois it does. Have you attorney go back to court to get it reversed. I believe you need only show that everything was paid and it was your insurance company and not you. I was in an accident the other way around and I racked up 25,000 in bills They paid for the car in 2 days but it is going on a year and finally made an offer 14,000 However by taking so long a majority of my bills have gone into collections. You need to see the big picture not only you are affected but it can all be cleared up. Unfortunately the big companies do not care what happens to us it is the bottom line for them, The longer they do not have to pay the more interest they make. But do contact an attorney with all your information and get it reversed and then contact the credit bureaus if it has made it to youo report dispute it tell them why and they will remove it.
- contact a lawyer and get him to sort it out. Maybe when you took out your insurance cover you should have taken the legal protection cover as well, it only costs a few pounds more.
- You can apply to have the judgement set aside or suspended especially if you knew nothing about it. The court will then decide another hearing for you to give your reasons for not paying. I know, it is the insurance company that is at fault but you need to find out if they have paid up, if not, why not?. The purpose of insurance is that you do end up in this situation. They can be held responsible for any negative comments on your credit file and you can make a claim against them!. First thing on Tuesday, go to nearest county court with the summons and take it from there. Also ring a few solicitors and seek advice. The first half an hour is usually free and is enough time to sound out the claim.
- I don't understand what happened here as you have 14 days from the issue of a claim to Judgment being entered against you. During that time you can either pay up, ask for time to pay, defend the claim, ask for more time or issue a counter claim. One month after that the Judgment is placed on record for 6 years. It seems a bit unfortunate that the claim would have arrived and time run out while you were away. I would get in touch with your insurers and ask for a copy of their receipt for payment. Assuming this was before the date of Judgment you'll be OK. Just contact the court and send them the receipt.
- I would go to the court and get ask the clerk for a copy of the original warrent in debt that was filed. More than likely it was "Posted" on your door and no one signed for it. I would then take that, my vacation information and file a "Motion to set aside judgement". I would also ask your insurance company for documention that they paid the debt. they usually pay in check and should be able to provide you with a copy of the check front and bank. I would keep all that to present in court if needed. GOOD LUCK!
- I assume you are in the UK. The other side issued a claim against you for the damage to their car. The others side's insurance company brought a claim for their losses against you as a subrogated claim. They did not issue a summons. That only happens in the criminal courts. If Judgement was entered against you without notification of the hearing date, you have the right to apply to have it set aside. You need to apply to the County Court where issued. It'll cost about £60 in fees. If judgement was entered before the sum outstanding was paid, but it was then paid in 14 days or less, there is no judgement debt recorded. If Judgement was entered after the sums were paid, again, you have the right to apply to set aside. You'll need to provide proof of the payment. If the other side obtained a judgement in circumstances where your insurance company had accepted responsibility for making the payment but were just slow in making out the cheque, you could apply to set aside on the basis that it was an abuse of process to use the court simply to speed up a payment from an insurance company. Needless to say, depending on the exact circumstances, the insurance company should use their own lawyers to do all this, it's (apparently) their fault. A word to the Insurance Ombudsman should move things along swiftly. You need to act fast if you are to make any applications. the court can take into account delay when exercising their discretion.
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