QuestionHello,
I met with auto accident 3 years back (2005) in Florida . But now i am getting calls regarding the claims . Right now i am NOT in FL . I moved to different state in 2006.
Collectors are threatening me that they wud file a suit. I am planning to settle with them . But if they file the suit . Where they got to file as per LAW. The Place where I am currently residing or the place where the accident happend ? What is the procedure they follow to file a law suit in general.
Appreciate your answers and thanks in advance .
AnswerDear Rav,
I am Morgan Jacobsen, a personal injury attorney at www.SettlementCentral.Com Since Dr. Settlement is down and out for last week and this week, I have been asked to take over his service here so that will not have to wait any longer.
Dr. Settlement had two dozen requests like yours backed up, and he wanted me to contact him on each answer I am submitting for him, just to be sure that you questioners get the best information. He also wants me to give FULL information to compensate all of those who have waited for his answers.
Thank you in advance should you send any well-wishes, which I will pass along to him. Meanwhile, Dr. Settlement thanks you for your patience and understanding and he hopes to be back to work later this week (at which time he will face a full two week’s worth of backlog ).
The choice of filing a lawsuit rests with the plaintiff, but they have only two options versus a private party that is not a corporation. They can file it in the jurisdiction where the accident occurred or where the defendant lives. Hence, that means where you live now.
Most plaintiffs will file where the accident occurred, assuming that is their home state. But in your case, the injured party has already been paid via his own Uninsured Motorist Coverage (UIM), and all that is happening is his insurance company has contracted with a collection agency to hound you into paying. Yes, they can and will file a lawsuit, BUT usually only if the amount is worth pursuing (i.e. $5,000 or more).
I would try to get a reasonable compromise. Offer to pay a sum each month, with low or no interest.
If they do file a lawsuit, they will serve it upon you in person, or via “substituted service” if they do not know your address. In regard to hiding from them, BE CAREFUL. Most stated do have provisions for substituted service in the event the plainfiff cannot find the defendant after a diligent search.
Substituted service means via publication in a newspaper of the county where the lawsuit is filed, OR, WORSE YET FOR YOU—SERVICE UPON THE SECRETARY OF STATE OF FLORIDA. So, they could gain service upon you without your knowing it if you are hiding out. Hence, you will want to be wary and if they say that a lawsuit has been started, DEMAND IN WRITING THAT THEY SEND YOU A COPY.
Do not allow them to get a default judgment versus you. You must ANSWER IN WRITING ASAP. Send in your name and address and put in a one paragraph letter some reason why you are not fully responsible, or that the victim was also responsible and that will prevent them from gaining a default judgment against you.
FIGHT ANY FINANCIAL RESPONSIBILITY FILING. Sometimes they will try to get an advantage by filing with your state department of financial responsibility to seek a suspension of your license until you post financial responsibility. FIGHT THIS on the grounds that it is WAY TOO LATE. The statute requires such an affidavit to be filed within a much shorter time.
Best bet: make a compromise deal for monthly payments.
I trust that my time here has been of value to you, Rav. And if so, I am asking you to take a moment to leave some feedback for Dr. Settlement. He is still not feeling well, so any greetings at all will be appreciated.
Very Truly Yours,
Morgan Jacobsen, J.D. (Juris Doctor)
Http://www.SettlementCentral.Com
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Dear Rav,
I am sorry to say that our own Dr. Settlement is out sick still. He went down last week with the flu, and he thought that he would be back on Monday. Things did not improve today, so rather than wait for him to return in order to answer your question, I am going to pass your inquiry along to another experienced personal injury attorney at www.settlementcentral.com Her name is Morgan Jacobsen, J.D. She will set aside all of her work tomorrow in order to get to the backlog of work on the desk of Dr. Settlement. Hence, while we apologize for the delay owing to sickness, we are tuned in to the needs of those Dr. Settlement is serving---so expect your answer from attorney Jacobsen tomorrow morning. .
Very Truly Yours,
Douglas H. Green, President
Www.SettlementCentral.Com
