• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Collection Agency - Auto Accident

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

SecretNinja

Junior Member
What is the name of your state? CA

I don't believe this! I now have to write this post out again because I was not properly logged in.

Approximately six months ago I was involved in an auto accident, and the police determined I was at fault. They cited me for "unsafe speed" even though I was driving under the speed limit in ideal weather conditions. (There was unforseen traffic backed up ahead and I rear-ended the car in front of me.) Regardless, I paid the fine and attended traffic school.

Yesterday I received a letter from a collection agency claiming I owe nearly six-thousand dollars.

Here's the problem: I'm a twenty-three year-old attending graduate school and living with my parents. My father handles the financial aspects of auto insurance, and apparently in the six months before my car accident, I was driving uninsured. Our insurance company, which covered my car for years up to that point, has apparently washed its hands of this matter.

Here's the other thing: I have no assets to speak of. I cannot pay one-thousand dollars let alone nearly six thousand. The car that was legally mine in the accident has since been given to charity (and at the time it was worth less than 1 thousand dollars).

A few questions: Given the sum of the claim against me (nearly six thousand dollars), is the collection agency likely to file a lawsuit for failure of payment? Second, the notification I received in the mail requesting payment/reply within 30 days says that my license can be suspended. How likely is this in the state of California? Finally, I am starting a part-time job (technically I am currently employed). I understand that after a succesful lawsuit the company can garnish up to 20 percent of my wages. Can do this for decades?

My father has said that I can -- and probably should -- simply declare bankruptcy. I will not graduate for another 16 months. Currently I have no other oustanding loans or debts.

Any help is greatly appreciated.
 


robmpulse

Junior Member
Your dad forgets tot tell you you don't have insurance, then tells you that you should file bankrupt when something happens..........

Let'f forget abouyt that.......

Who's car did you hit? Who sent you to collections?

You have no valid dispute. You are at fault, you have no insurance. Most states will allow for your license to be suspended. Some states require a judgement, some don't. Not sure about CA. Just call the DMV and ask about the Financial Responsibility Laws of your state.

Does you dad have any intention to hepp you with this. I would never recommend filing bankrupt.

Will they let you on a payment plan? That will prolly be your best bet. If you have nothing, I doubt they will take you to court. Usually they will search for your assetts and only go after you if you have something. But you never know.
 

SecretNinja

Junior Member
Hello Rob. Thanks for the reply.

robmpulse said:
Your dad forgets tot tell you you don't have insurance, then tells you that you should file bankrupt when something happens..........

Let'f forget abouyt that.......

Who's car did you hit? Who sent you to collections?

Well, actually, I hit a car and that car hit a car and then, uh, THAT car hit a car. But only one of the insurance companies has ever bothered to contact me (over 35 days after the accident), and only then to send me a form letter saying they were investigating a claim from one of their clients and that my privacy would be respected. No other insurance companies have bothered to contact me (the damage to the other cars looked to be very minimal).

I think this collection agency is just a sub-firm of the insurance company. THat is to say, I do not think it is a third party, but this is based purely on speculation. I will investigate.

You have no valid dispute. You are at fault, you have no insurance. Most states will allow for your license to be suspended. Some states require a judgement, some don't. Not sure about CA. Just call the DMV and ask about the Financial Responsibility Laws of your state.

Does you dad have any intention to hepp you with this. I would never recommend filing bankrupt.

Well, it depends. Six-thousand dollars is a rather large sum for us, especially if he nonchalantly recommends that I can always file for bankruptcy.

Will they let you on a payment plan? That will prolly be your best bet. If you have nothing, I doubt they will take you to court. Usually they will search for your assetts and only go after you if you have something. But you never know.

Possibly. I have not yet replied. I have decided to gather information in order to better understand the options available.

I'm certain that these large firms run some sort of cost-benefit analysis to determine whether suing me is even in their self-interest. Unless a long lost uncle has bequeathed to me a stretch of land, I have no real assets as far as I know. Books, a desk, a broken computer, and clothes -- nothing. I would only file bankruptcy (as I understand it) if they bothered to sue me. Again, I'm not sure why they would sue me if I possess (almost) nothing.

My checking account is pathetic and there's almost no activity on it. I hardly consume anything.

It might be a good idea to contact the DMV. Losing my license would be very bad, living in S. California and all.
 

cmorris

Member
While you currently have nothing, what about in your future? Once they obtain a judgment, it can last a LONG time...
 

SecretNinja

Junior Member
cmorris said:
While you currently have nothing, what about in your future? Once they obtain a judgment, it can last a LONG time...

This is exactly what I was wondering about. Assuming they do obtain judgment, can they garnish wages after I file for bankruptcy?

My financial outcome over the long term defies prediction. Since I am not interested in making money, I wouldn't really care if they took a portion of each paycheck. Well, I would care, but probably not as much as most people. I do stand to co-inherit over a million dollars worth of property, assuming my future benefactors keep their own finances in order (but this is anywhere from 5 years to 25 years ahead). I mostly fear this ~6 thousand dollars spinning out of control -- tacking on lawyer fees, interest, and so on. That's why I want to know if bankruptcy would absolve me from this debt payment altogether.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top