go and tell judge you need more time to find a lawery If you missed the dated go to the clerks office and ask for a onthier hearning do not let to go They will enter a judgment aganist you Why do you wait so long to find a lawery or to deal with This has nothing to do with your work do not be worriedLet me know i can help you in any onthier way
I am being sued by enterprise rent a car for 8,000.oo
I rented a car 2 years ago from enterprise I thought my credit card covered liability insurance it did not. I got into a fender bender with a lady who made an illigal u turn. Anyway when she found out I had no insurance she sued enterprise claiming her car was totaled impossible we were going 10 miles per hour and damage to enterprise car was less than 300 and fixed in 2 days. Then she said there was a second person in her car and both were hurt claiming all kinds of physical stuff. I told enterprise that they were trying to committ fraud and help with the case 100% gave my depositions and whatnot they said if I cooperated with them they would not hold me responsible for the damages. Well they settled the case under judgemnt that they were reluctant to settle and made the women sign letters that they understood that insurance fraud was against the law. Now they want me to pay the 8,000 that they paid out. I do not have any money in the bank and am currently a student at Santa Monica College. I was supposed to file some paper today only I did not know which paper and did not hire an attorney because I couldn't afford one. My question is this . On October 25 at 8:30 I am supposed to go to court for Order to show cause. What is this? Any idea what paper I was supposed to file in response to a summons I was served if anyone wants to trade services for advice I would be very grateful for the help. P.S. I said they should not have settled because it was fraud but they didn't ask me or consult me they just settled.
1. I feel for you...I really do, BUT
2. This isn't the board to really be posting this. Yes, you are asking a legal question but not one relating to the hobby.
3. Having said that, GET A LAWYER. NOW. Many lawyers offer a first consultation for free. It sounds like you are in over your head; do not go into the court without a lawyer. Doing that is just plain stupid. It's tatamount to a brain surgeon attempting to do brain surgery on him/herself.
go and tell judge you need more time to find a lawery If you missed the dated go to the clerks office and ask for a onthier hearning do not let to go They will enter a judgment aganist you Why do you wait so long to find a lawery or to deal with This has nothing to do with your work do not be worriedLet me know i can help you in any onthier way
Were you served with a summons or a subpoena? Laypeople often confuse these terms, but the difference is substantial. And are you sure it is Enterprise that is suing you, or did the plaintiff name both you and Enterprise as defendants in her suit? Have you ever filed any documents with the court in this case? It is difficult to guess the nature of the October 25 hearing without knowing these things. You might want to call the clerk of the court and find out more about what is scheduled for that hearing.
As for the claims being exaggerated, many cars can require very expensive repairs after such a seemingly minor impact and many accident-related injuries do not become apparent until later. $8,000 may well be a legitimate claim.
Did Enterprise promise you in writing that you would not have to pay if you cooperated? Depending upon the facts such a promise could well be binding upon it, but if you don't have it in writing and Enterprise denies making such a promise then the court will be skeptical.
You really should sit down with a lawyer, even if only for an hour. Show him/her all the documents you have about the case and the rental, and see what advice you get. That way, even if you end up representing yourself, you will have a better idea of what you're doing.
You need to hire a lawyer fast. You say that you gave a deposition earlier? Didn't you have legal representation then? I would never have gone to a deposition without at least consulting a lawyer first - even if you were just being called as a witness - because you had a financial interest in the outcome. As far as the settlement - they are entitled to do anything they want with the other party - settle, not settle, etc. They don't need to consult you. This is what your court case will be about - whether their settlement was in accordance with their contractual obligations.
I strongly agree that you should get an attorney.
The personal injury liability is the responsibility of the registered owner of the vehicle. The property damage is also the responsibility of the registered owner. When you rent a car, your insurance carrier covers you in case there is inadequate coverage on the rental car. The insurance offered by the car rental company is to cover the amount of deductible of your insurance policy. If you have a $500.00 deductible on property damage on your policy, then that amount will be covered with the insurance you purchase from the rental car company.
If for some reason the car rental company decided you were responsible for the entire amount, then your insurance carrier would represent you and try to straighten it out with the car rental company. If your insurance carrier could not work it out with the car rental car company, then your insurance carrier would file a Declaratory Relief Action, DRA and a motion for a Summary Judgment with the court where the accident occurred. What that means is that your insurance carrier is asking the court to rule that you are not liable, and that the car rental company is liable. The Summary Judgment and DRA mean that you cannot be sued for the damages. Of course, the car rental company can always appeal the Summary Judgment, but it’s highly unlikely they would do so. If you don’t have insurance on your personal vehicle, (please don’t say you don’t have insurance on your personal vehicle.) you will have to file the motion for a DRA and Summary Judgment with the court yourself. I highly recommend that you retain an attorney to do this for you.
When you are served with the Summons and Complaint, it means you are being sued. You are required to respond to the Complaint within a certain period of time, usually 30 days on a property damage lawsuit. What that means is the plaintiff alleged you did certain things in the complaint filed with the court. You are required to answer each allegation in the form of written responses and file your responses with the court. If you fail to file responses to the complaint and/or fail to appear in court, the plaintiff can enter a motion for a Default Judgment. That means only the plaintiff’s version will be heard by the court, and of course they will subsequently win. After about 30 days or so, if you have not paid the judgment to the plaintiff, the plaintiff can file an Order of Execution with the court which is enforceable for 10 years, and can be renewed for another 10 years. There are issues concerning due diligence but that is another matter. The plaintiff can have your car impounded, wages garnished, bank accounts levied, etc. while the Order of Execution is valid. If you have a car registered in your name and/or a bank account in your name, the plaintiff can completed a form with the pertinent information, e.g. vehicle description, license plate number, bank account number. etc and take those documents to the Sheriff. The Sheriff will in turn levy your bank account and impound you car which will be sold at a lien sale. The plaintiff can continue attaching your property until the total judgment, plus costs, is completely satisfied.
I can’t overemphasize the importance of retaining an attorney. It might be too late to file a motion for a DRA action and Summary Judgment, but you should have enough time to file your responses. My advice to you, don’t exchange services for services. Find a good attorney and pay his fee. Good luck
I sent you an Email with my law office telephone number. It is urgent you immediately consult me or some other lawyer.
YOU have no momey in banks or a W-2 job they cant get any thing if they win. as loan as you stay that way the next 20 years. keep you payment with cread card good. if you get a W-2 job that better than a being a provide they could only take 25% of you income up to the 8000 + there legal fees about 25,000 if up making that kind of momey it would be no big deal. thought be careful what you may have in the bank keep it low if it is attack. dont put more in.