Legal Question in Personal Injury in Texas
I recently had a judgement filed against me and my licesne is under suspension. Can I bond around it to get my license back while I try to fight it? The judgement is for a traffic accident that I was in 3 yrs ago. Fault could not be determined and both vehicles were totaled. I had a lapse in my insurance policy at the time. What is the statute of limitations on a judgement?
Thank you
2 Answers from Attorneys
The statute of limitations on a personal injury action is 2 years. If the lawsuit was filed more than 2 years after the accident it should have been barred by limitations. However if the lawsuit was timely filed or if you waived limitations and a judgment was filed, the plaintiff probably filed an abstract of judgment. After ten years, the plaintiff has to renew the abstract.
Depending on the facts of your case, and how the judgment was obtained, it may be possible to attack the judgment or reopen your case.
Another option would be to settle with the plaintiff and obtain a document satisfactory to DPS that would permit them to give you your license back. Both options require you to engage the assistance of an attorney. Either is probably preferable to waiting seven years to see if the judgment is renewed. Besides, even if the judgment is renewed, it will still be on DPS's records.
Agreed..if it is default judgment, a bill of review may wipe it out..but expensive..and try to negotiate with insurance for other party..but failure to respond has caused these problems..