Legal Question in Credit and Debt Law in Illinois
car accident
I was in a car accident in Chicago around 2000. I was not ticketed and had full coverage at the time(I had just bought a new car). Shortly after this accident I moved back to Michigan. When I went to re-new my drivers liscence this March they told me that I could not due to a court judgment against me in the sum of $20,000. from the accident that happened in chicago. I went and got the copies of the judgment and found that they went to my last place of residence and that they gave them my Michigan address, I was never notified by phone or letter. Now my insurance company that I had is out of business and five years later I have no drivers liscence, a $20,000. bill I have to pay and am lost as to what kind of recourse I have if any. Has the statue of limitations expired? Can I file bankruptcy and have this taken care of?
2 Answers from Attorneys
Re: car accident
Bankruptcy should be able to take care of this debt. There is nothing that you state that would indicate that it would be nondischargeable. It may be too long since the judgment was entered to do anything about it, but I would recommend consulting an attorney to see if it is possible to quash service since it doesn't sound like you were ever served. Bankruptcy may be the cheaper route to go however.
Re: car accident
A motion to set aside the judgment and order is required. Getting into court with your proofs may be more prudent then filing for bankruptcy since bankruptcy is on your record for seven years and if you can prove that service was improper and that you just recently learned of the entire matter, you could correct the record, driver license and insurance problems.
(Please do not rely on this communication which does not create an attorney-client relationship and which is intended merely as a discussion of legal principles and is not to be relied upon.)
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