Legal Question in Civil Litigation in Georgia
My daughter is 23 and has never filed Bankruptcy. She had a traffic accident 23 nonths ago. She was at fault and of that there is no doubt. She is now being sued by the other driver. The suit is for roughly $11,000 plus damages.
My daughter has no money nor assets. She just started to work making minimum wage for about 35 hours a week. She is consideribg filing Chapter 13. Will filing Chapter 13 halt the suit?
Thank You
1 Answer from Attorneys
From what you posted a Chapter 13 is likely a very bad move (although no one here knows here other debts).
Assuming she did not break the law and drive uninsured, I assume she reported things to her insurer, which is obligated to defend her and pay damages. She is obligated, the moment she gets the suit, to give them the suit to defend her (if she does not, they won't pay). That solves the problem.
If she did commit a crime and drive uninsured, she has more problems than you posted, because she can face jail time and a fine, and a license suspension. But if that is the case, if she has no assets and little income, typically she would file Chapter 7 and wipe out the claim, rather than paying it in Chapter 13. I need to add that SOME car wreck claims cannot be discharged (such as from a DUI), so I'd need more details.
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