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Old 06-09-2016, 03:11 PM
 
8 posts, read 5,563 times
Reputation: 15

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Quote:
Originally Posted by Listener2307 View Post
I would contact an attorney in the town where the guy lives. Explain your situation and ask him under what conditions he would be willing to take the case and get your money back.

I would look for the answer, "I will take your case on a contingency basis".
That means the attorney will share any money collected. He will then sue the man for about $10,000. The attorney will take half and you will get half.

It's a little bit more complicated than I have explained, but I would certainly start with an attorney.

OR, if you are willing to settle for only $3500 you should contact the Small Claims court where he lives.
https://www.consumeraffairs.com/cons.../small_ms.html


So you mean if they say "no collection no cost", I should not pay any money until the money recovered? I have talk to some attorney, but they did not interested in my case, they say if the guy do not have insurance, he do not have money to pay. I also try the small claim court, they say I can not sue him unless I know his real address. Also they say even I got the judgment, no one force him to pay me, then I get nothing.
Until I contact the collection company, they say they find some information on him, he live in different place and have different phone number. They can help to sue him and force him to pay, but I need to pay for the court. I am also afraid of the collection company get my money and run away.
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Old 06-09-2016, 06:39 PM
 
Location: Wyoming
9,724 posts, read 21,237,878 times
Reputation: 14823
Quote:
Originally Posted by knight007180 View Post
Thanks for the information, and how it works that the judge turn some money to the victim? Did you sue him? I think he is move away from that address and maybe change the job, it is big amount of money.
No, we didn't sue because we had little to sue for. Our insurance paid for most of it, and the $800 from the court paid what insurance didn't.

If you can find where he works, small claims court might be your best bet. You don't need an attorney for that, and you should be able to get a judgement for $3,500. Just bring all the paperwork that proves the accident was his fault and that it cost you at least $3,500 to be whole again.

Collecting it may still be the tough part, but you'll have that problem with an attorney. (The attorney will only represent you in court for $500, not collect the judgement.)
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Old 06-10-2016, 12:04 PM
 
8 posts, read 5,563 times
Reputation: 15
Quote:
Originally Posted by WyoNewk View Post
No, we didn't sue because we had little to sue for. Our insurance paid for most of it, and the $800 from the court paid what insurance didn't.

If you can find where he works, small claims court might be your best bet. You don't need an attorney for that, and you should be able to get a judgement for $3,500. Just bring all the paperwork that proves the accident was his fault and that it cost you at least $3,500 to be whole again.

Collecting it may still be the tough part, but you'll have that problem with an attorney. (The attorney will only represent you in court for $500, not collect the judgement.)
Yes, the question is that after the judgment, how to collect the money, the court did not collect the money. And the guy still can refused to pay.


And now I get a letter from the collection company, they ask for $1500 fund to start the court process. I doubt that they really need that much money to sue or just take away the money.
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Old 06-11-2016, 03:20 PM
 
Location: Austin, TX
12,059 posts, read 13,893,961 times
Reputation: 7257
In the grand scheme of things this is really minor. Always have the max insurance. Suing isn't worth your time.
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Old 06-13-2016, 08:40 AM
 
8 posts, read 5,563 times
Reputation: 15
Quote:
Originally Posted by cBach View Post
In the grand scheme of things this is really minor. Always have the max insurance. Suing isn't worth your time.
Yes, that is right. Now I learn how important the insurance is. Since there is no law protect the innocent people. And the bad guy just do what ever they want.
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