Vinh Posted March 28, 2002 Share Posted March 28, 2002 I have a question. If a person has a car crash, they have no insurace what so ever and was charged $13,000 total by 2 insurance companys... And the person didnt have the money. It was passed on to a collection agentcy and they gave the person 3 months to pay it or take it to the court. What do you reckon the judge would do? or even by far worst? It wouldnt be people coming into your house to take stuff to sell to get the money.. would it? Link to comment Share on other sites More sharing options...
Keldyn Posted March 28, 2002 Share Posted March 28, 2002 Ick. That would be terrible. It's possible they would take property, or ya could end up doing a long stint of community service which, i can imagine, would be just as bad :dead: Link to comment Share on other sites More sharing options...
Vinh Posted March 28, 2002 Author Share Posted March 28, 2002 say the person has got a job and owns a bakery and wants to pay it off monthly but dont have the big cash to pay in 3months. + what would court fees be? Link to comment Share on other sites More sharing options...
Keldyn Posted March 28, 2002 Share Posted March 28, 2002 I think it would be possible to negotiate a payment plan provided the other involved party is receptive to the idea. The best way to go about that is to get a mediator and both parties sit down and talk it through. Secondly get a financial counsellor in and seek advice. They will plan out your financial predicament and best advise what to do with your money. They will also be a great weapon when proving that you are not in the financial position to pay up front. As an afterthought, if, the financial counsellor comes to the conclusion that this person cannot afford the law costs, aswell as the sum of money that has been ordered by the other party than possibly he/she can apply for legal aid. :ermm: Link to comment Share on other sites More sharing options...
Tyme Posted March 28, 2002 Share Posted March 28, 2002 This would probably depend on where you are located, and how bad the the person who wants to get their money wants to get it back. :) If at all possible, you want to avoid going to court (in the US). Once it is settled in court that you owe the money, the person "can" place a lien on your possessions (house, car, etc) until the debt is paid. This means that you could not sell those items until the debt was paid off. In the case of a minor, the parents can be held responsible, and their possessions can get a lien. If it goes to court, it will also effect your credit report. In a case like this, see an attorney. Go to legal aid. Keep it out of the court if at all possible. Link to comment Share on other sites More sharing options...
TimeRider Posted March 28, 2002 Share Posted March 28, 2002 OOPS! Australian! Have no clue about Austrailian Civil Law. Link to comment Share on other sites More sharing options...
rockcreek Posted March 28, 2002 Share Posted March 28, 2002 Originally posted by Vinh I have a question. If a person has a car crash, they have no insurace what so ever and was charged $13,000 total by 2 insurance companys... And the person didnt have the money. It was passed on to a collection agentcy and they gave the person 3 months to pay it or take it to the court. What do you reckon the judge would do? or even by far worst? It wouldnt be people coming into your house to take stuff to sell to get the money.. would it? The Judge will: Try to setup a court payment plan or Garnish a pay check or See property to pay the debt. Link to comment Share on other sites More sharing options...
rockcreek Posted March 28, 2002 Share Posted March 28, 2002 Originally posted by Keldyn Ick. That would be terrible. It's possible they would take property, or ya could end up doing a long stint of community service which, i can imagine, would be just as bad :dead: No community service in a civil matter Link to comment Share on other sites More sharing options...
Vinh Posted March 29, 2002 Author Share Posted March 29, 2002 I just hope its not taking my parents future and selling it, the guy who had a crash was my dad. :hurt: I hope the court just makes a payable affordable monthly payments. Link to comment Share on other sites More sharing options...
Keldyn Posted March 29, 2002 Share Posted March 29, 2002 Ahk. Sorry to hear of that Vinh. It is certainly a rather unfortunate predicament. I will be hoping for a postiive outcome for you all. Best of luck. Keldyn ;) Link to comment Share on other sites More sharing options...
Jessterw Posted March 29, 2002 Share Posted March 29, 2002 Not sure about Australian law, but here in the US there is a little known law/fact that says that unless you sign a contract that specifies that any amount you don't pay can be turned over to a collection agency, any amount the agency tries to collect does not actually have to be paid. As in the collection agency has no right to the money owed. Most people don't know about this and most don't even know if it is specified in their contracts (with anyone). So basically if this happened in the US one might be able to get out of paying anything if they did not sign a contract with either of the insurance companies that specified the above. Link to comment Share on other sites More sharing options...
Osiris Posted March 29, 2002 Share Posted March 29, 2002 the insurance compainies could use this as a story of why you shouldnt drive around without Insurance. and court fees, well yeah that could end up costing a bit too. Link to comment Share on other sites More sharing options...
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