Am I still responsible for debt if case was dismissed with prejudice?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Am I still responsible for debt if case was dismissed with prejudice?
I was involved in an accident 3 years ago while driving my girlfriend’s car. I did not have insurance at the time and she only had liability. Damages exceeded her policy limits, so the other insurance wanted me to pay the difference. I signed an affidavit with her insurance stating I was out of work and couldn’t afford to pay anything. Fast forward to 10 months ago and her insurance company notified us that the case had been settled with a full release and dismissed with prejudice. Last week, I received a letter from a debt collector saying I owe $6000 from this accident. Is this debt valid? I really have no idea what being
Asked on March 16, 2016 under Accident Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
When the case was settled, a release was signed which meant that the parties gave up their claims in exchange for the settlement. Since the case was dismissed with prejudice, that means that the case cannot be reinstated.
Therefore, you don't owe $6000 and the letter from the debt collector is a mistake.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.