Legal Question in Credit and Debt Law in California

Re: Accident/Injury from DUI

YF owes the insurance company for the money they paid to the young woman for uninsured-motorist coverage, by way of subrogation. YF should see a bankruptcy attorney right away. It is likely, however, that injuries caused in a DUI would be held nondischargeable in bankruptcy. You should see a family law attorney, without YF present, to find out to what extent your property could be at risk from a $100,420 court judgment should you marry him.

Re: Accident/Injury from DUI

Has a judgment been entered? If so set it aside. Contact me directly.

Re: Accident/Injury from DUI

First, it needs to be determined whether a lawsuit has been filed and whether a judgment has been entered. The statute of limitations for bodily injury is 2 years. If a judgment has already been entered, your fiancee can bring a motion to set aside the judgment on the grounds he was never served. But he will then have to defend the lawsuit. He cannot get a discharge in bankruptcy for a DUI accident. So, he may be in a bit of financial trouble. There are other ways he may go about protecting his money and assets from seizure.

On the issue of your marriage, you should do a prenup to protect your home and assets from seizure.

Re: Accident/Injury from DUI

First let me say I am sorry to hear about your troubles. Let me answer the easy question first. If you are married at the time of the judgment, it could attach to your house. The house is separate property right now as you are not married. Irrespective, they will try to go after the house and any assets you appear to share like cars, bank accounts, etc... so the best thing you can do is avoid judgment all together.

The Statute of Limitations, which limits the time frame in which a Plaintiff may sue a Defendant for things such as personal injury has probably run out on this, and they are trying to collect money they may not be legally entitled to collect. Second, why is the father suing on behalf of an adult daughter? Is the 33 year old mentally impaired, under guardianship - God forbid - she didn't die after the accident? These are all things you need to find out. Third, you will need to find out what they are alleging the money is owed for, and defend it on that basis. My guess is that the daughter received medical treatment for condtions she attributed to the car accident - you should be aware that it is possible for people to walk away from an accident and much later discover injuries that weren't apparent at the time of the accident. You need to retain an attorney as defending this yourself isn't going to get you the results you want. In the process of defending the action, your attorney will get to the bottom of what they are claiming the money is owed for. You can write to the attorney and ask for an explanation of what's owed, but I wouldn't expect a detailed response. I'd suggest that if you cannot afford an attorney, you call Legal Aid - it looks like you are in Orange County - call the Orange County Bar Association for referral to Legal Aid, and hopefully they can put you in touch with an attorney who can represent you at a reduced cost or for free.

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