Legal Question in Personal Injury in California
This is a long one and I don�t have all the details but here goes:
Background:
A family member who recently graduated from college and is trying to apply for a govt. job (fire dept) is worried about his case and how the results may effect his application. At this moment he still relies on his parents for financial assistance. With a few friends ( and parental assistance again) he has managed to buy a small boat that is shared amongst his friends. The boat is probably the only collateral he has.
Case:
A year ago a roommate and good friend left his personal boat (not the same one mentioned above) to my family member. While his roommate was away he let another friend borrow the boat. Somehow the friend sunk the boat (details and circumstances are not clear to me). Now the roommate and his parents are suing my family member and the other friend for $75,000+ and �emotional� distress. The boat is worth about $35,000. My family member has no money and his parents do not have that kind of money to spare.
1) Will he have to file for bankruptcy and what will that do
2) Is there something that they can do w/ their lawyer to reduce what they may owe
3) What will something like bankruptcy do in trying to apply for a government/city job- esp since this was an accident and my family member is just getting started�ie/ has no money.
I hope that was clear. Any assistance in this matter would help- Thanks~!
1 Answer from Attorneys
The person whose problem it is is the one who should post the question!
You can not normally collect emotional stress compensation for damage to a piece of property. The negligence of the person who sank the boat will be imposed on your family member as he lent, without permission, the boat out. he needs to contact the other party's attorney and convince him/her that he has no money and is judgment proof [but if he gets a good paying job he may no longer be judgment proof], especially as to any money he saves from the job and perhaps any pension benefits; judgments can be renewed every ten years and earn 10% interest. If he offers a payment plan of a relatively small amount each month, the other side might accept it.
1. He does not have to file for bankruptcy, although that might be the best idea. He should get the Nolo Press book on bankruptcy and go through it very carefully. If he wants someone else to do it for him, drop your assistance. It sounds as though he needs to drow up and accept responsibility; I sincerely hope he is not applying to be a fireman. I doubt any of the lawyers on this site have enough information to advise him whether to file or not.
2. is he paying for the lawyer or his parents. Ask the attorney what they can do.
3. find out if the application for employment asks about bankruptcy and what type ofchecking they actually do. They probably will run a credit check and that will show the bankruptcy. He needs to find out what effect that will have by contacting the employer.
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