Legal Question in Bankruptcy in Georgia

I apologize for this being so long. I just wanted to get the ALL the facts in... ok... I moved in with this 36yr old disabled woman when I was 17, I needed a place to live and she needed help. At age 18 I got my drivers license, and started driving her cars. She would have me drive and run errands. 5 yrs later in Oct. 2003, I was out on an errand for her (she was with me) and got in an car accident. I was given a ticket for failure to yeild. No one was injured and Both the other driver and myself drove off after the police said we were free to leave. I went and paid the ticket, I thought all was fine. Shortly after this I got married, had a baby and moved to another town. Then in 2006, police served me with papers from the other drivers insurance company saying they had a judement against me for damages done to his dodge neon in the amount of $15,000. And that they were supspending my drivers license until it was paid. I called the lawyer handling the case and asked why this was happening and he informed me that the insurance on the car didn't cover anyone under the age of 25 and I was only 23 at the time. I wasn't at all aware of this fact. I had been driving her around and running her errands for years, She had insurance. Why she had that restriction I don't know, considering doing the driving was part of my stay/job. Anyway my husband and I seperated, then divorced and I could barely afford groceries let alone that judgement. In 2008 I got remarried. In 2009 I found out I was pregnant with my 2nd child. So my 2nd (and current) husband rejoined the military to support all 4 of us. In 2010, We were (and still are at the moment) stationed in Colorado, and my husband was deployed to Iraq and I needed my license. So I went to the DMV and was told to get intouch with the lawyer again, I did. I started making small payments (all that I could afford). I got my license back. We then started having money problems shortly after him returning home from deployment, so I was unable to make further payments. The lawyer understood and didn't persue the issue. But Last week I recieved a letter in the mail stating the previous lawyer retired and his cases were being taken over by another firm. They came across my file and were persuing this issue. In the letter, They did acknowledge the $900 I had already paid, but had an incorrect statement ( they said the insurance company started the judgement in 2008, which is false, I was served with papers in 2006, 3yrs after the accident) AND since I stopped payments and wasn't currently paying anything they added on additional fees, so now I owe them $19,000. And they were resuspending my drivers license until I paid it off OR until I started payments. But the small payments I was making to the previous lawyer was no longer acceptable, the payments would now need to be larger. We are a low rank military family with 2 kids. We already have bills that we struggle to pay. There is no way that I will be able to pay that. What can I do?? With my husband choosing to stay career military, we have the possibility/probability of moving anywhere at anytime. Plus he does get deployed every so often. (He's already had 3 overseas deployments) so I very much need my license. Along with the issue that we already have too much debt. We've been considering chapter 7 for everything, So my question is Can I file this judgement on chapter 7 b.r. and have this debt wiped clean, and have the suspension lifted??


Asked on 5/15/14, 10:22 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Here's the good news. I have handled such cases, and yes, you can get your license back in Georgia. Assuming you qualify for bankruptcy, it will erase the debt and get your license back. If you're in metro Atlanta or north Georgia feel free to call me with details.

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Answered on 5/15/14, 10:31 pm


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