Location: Louisiana
My 75 year old mother was in a car accident. She was at fault. She says she blacked out at the time and doesn’t remember anything. She ran a red light and t-bonned another driver. She will officially retire from driving after this incident. Now she is being sued. I believe it’s for both vehicle damage and personal injury.
Here’s the problem. She has absolutely no money or assets. She survives off of her small SSI checks. She cannot afford a lawyer and I am not in a position to help her.
Realistically, what will the consequences of being sued be if she has no money or assets?
Can they garnish her social security?
If she files for bankruptcy, will that dismiss any money she may owe due to the lawsuit?
I’ve tried calling the local pro bono project and they said they can’t help. Is there another way to find a lawyer who helps impoverished people?
She has not responded to the lawyer yet. Should she respond and explain she has nothing for them to take or do we need to somehow find our own lawyer and let them communicate for her?
Any advice would be greatly appreciated.
Comments
https://www.ssa.gov/faqs/en/questions/KA-01873.html
Does your mother have insurance?
NAL
generally I think the courts can make a claim on social security and garnish, but usually limited to government related things so she should be ok
did your mother not have insurance? if I were the other party I would be chasing the big pockets.
Some people are judgment proof. The creditor may take the judgment. They may subject her to a judgment debtor exam or interrogatories. It doesn’t sound like there’s anything they can take.
No. They can’t garnish her social security. And if that money is all there is in her bank she probably has a successful exemption to levy. They can lien her home if she owns one.
No. She probably can’t discharge this in bankruptcy.
There’s likely not anyone wanting to pay for a lawyer for someone driving without insurance.
She takes petition to her car insurer and they handle her defense. Far as court judgement, she’s insured to some amount $30,000, $50,000…for bodily injury and another amount for property damage.
She should absolutely not communicate with other lawyer or that could make problems for her insurer defending her.
These most often settle out of court within policy limit but you do not mention extent of damage, injury, speed, etc