Legal Question in Bankruptcy in Florida

pending law suit

My daughter stole my car and had an accident. My car is totalled and the person involved in accident is suing me. I didnt have insurance. Should I wait until after they take me to court and get a judgement before I file. I want to avoid being garnished. I am a single mother and I dont own anything, I am basically living from pay check to pay check.


Asked on 11/15/07, 12:41 pm

2 Answers from Attorneys
Stanley Miller Stanley M. Miller, P.A.

Re: pending law suit

You can file now or wait. It makes no difference.

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Answered on 11/15/07, 12:46 pm
Steven Meyer CPLS, P.A.

Re: pending law suit

If your daughter did not have your permission to drive your car, then you may not be liable to the other person who's suing you. If it is determined that you are liable, then you may be able to wipe out any debt owed to the person who is suing you by filing bankruptcy either before or after the court issues a judgment in the auto accident case. However, you may want to file bankruptcy before a judgment is issued. The other driver may still be able to get a judgment against your daughter. This is a complicated situation, and you really need to speak to a lawyer who handles these issues. We'd be happy to discuss the situation with you. We offer a free initial consultation.

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Answered on 11/15/07, 10:32 pm


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