Can I still get sued from a car accident in 2009 if my mom already settled her half of the debt? 12 Answers as of September 11, 2013

I found out there was a bank garnishment on my account because my accounts at the bank were frozen all of the sudden. Some one sued me and my mom in 2009 after another party driving a car that she co-signed on (I was 18 with no credit) and "friend drove my car and crashed into someone who sued for about $40,000. My mom settled her debt and I never heard anything else about it until finding out that it was divided into two case and my $20,000 lawsuit still remains. I started putting funds into a bank account and an asset company got wind of it and froze my accounts. I don't know if filing bankruptcy would help, or if this is allowed to occur. I'm just trying to figure out my options in this matter and what can happen next. I'm in the process of looking for a bankruptcy lawyer now, I just wanted to know some opinions on this as of right now.

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Law Office of Thomas C. Phipps | Thomas C Phipps
You can get sued within the statute of limitations period. You can discharge it in a chapter 7 if you wee not driving while intoxicated or under the influence of drugs.
Answer Applies to: Missouri
Replied: 9/11/2013
Colorado Legal Solutions
Colorado Legal Solutions | Stephen Harkess
You have already been sued and have already lost. Yes, the plaintiff can still collect the money even though your mom settled the claim against her. She apparently did not settle your claim. Bankruptcy will probably be able to take care of this debt. You need to talk to an experienced bankruptcy attorney to discuss your entire financial situation.
Answer Applies to: Colorado
Replied: 9/11/2013
Law Offices of Joseph A. Mannis
Law Offices of Joseph A. Mannis | Todd Mannis
You can and should be filing a bankruptcy, given this has already gone to a judgment, apparently. The longer you wait, the worse things will get.
Answer Applies to: California
Replied: 9/11/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
In order to get funds from your account they must have a judgement. Find the bankruptcy lawyer asap.
Answer Applies to: California
Replied: 9/11/2013
Mark S Cherry, Attorney at Law, PC
Mark S Cherry, Attorney at Law, PC | Mark Cherry
I am very concerned that you were not adequately defended in the underlying action. A bankruptcy may solve your problem, but you need a complete interview to determine income, assets, and liabilities.
Answer Applies to: New Jersey
Replied: 9/11/2013
    Danville Law Group | Scott Jordan
    Were you the driver of the vehicle? Did it settle without your knowledge? Did you have insurance? As for the bank account, you can object to the garnishment and pursue the matter in civil court. It will be expensive and the outcome depends on the answers to the above questions. Bankruptcy will discharge the debt, unless drugs or alcohol were involved.
    Answer Applies to: California
    Replied: 9/11/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    It sounds like you already were sued and a court entered a judgment against you. Under those circumstances, there would be no need for the creditor to sue you again. Many people never receive notice of a lawsuit because the refuse to answer the door when the process server comes by or they hide under the radar by moving and not leaving a forwarding address. It is likely that bankruptcy would discharge this debt if you can qualify to file.
    Answer Applies to: Nevada
    Replied: 9/11/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    A chapter 7 will get rid of the liability for this debt and any other unsecured debts you have right now, other than tax debt or student loan debt.
    Answer Applies to: New York
    Replied: 9/11/2013
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    Based on the facts you have set out, it sounds like they can pursue you for this debt. A bankruptcy (Chapter 7) could eliminate this as long as the debt is not for injury cause while you were under the influence and driving.
    Answer Applies to: Wisconsin
    Replied: 9/11/2013
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    "Can I still get sued.." No, you were sued and a judgment was entered against you. You can file bkry and discharge the judgment.
    Answer Applies to: New York
    Replied: 9/11/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    It sounds as though you are confused as to what actually took place. It sounds as though both you and your mother were defendants in the lawsuit, and that the creditor obtained judgments against each of you. The fact that your mother negotiated some settlement with them for herself does not protect you from the rest of the amount of the judgment. It does not sound like they are suing you now, only that they are trying to collect if that prior judgment. Most debts like this are dischargeable in bankruptcy, but it would take a more careful analysis and a review of the court papers to know for certain. You should consult with an experienced bankruptcy attorney and then retain them to assist you in filing your case if you decide that bankruptcy is a reasonable solution.
    Answer Applies to: Colorado
    Replied: 9/11/2013
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Whatever your Mom settled, she did not settle your remaining responsibility for the debt nor could she in most cases. Not hearing anything does not mean anything. The filing of a bankruptcy case is probably the only thing that would help.
    Answer Applies to: Michigan
    Replied: 9/11/2013
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