What can I do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do?
My son was in an accident 7 months ago; the person who hit him was a minor. When talking with the mother, she told us and the police that she had insurance. She also said that she would pay to our vehicle to be repaired. However, when I contacted her insurance company, the policy had lapsed and she refused to pay to have our car repaired. We went to civil court and won a judgment against her but she has since filed bankruptcy. What can we do to get the money from her to have our car fixed?
Asked on May 17, 2019 under Accident Law, Mississippi
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can't do anything other than put in a claim with the bankruptcy court in her bankrupty case and then receive whatever amount--if any--the bankrutpcy court eventually gives you when her bankrutpcy is finalized. Bankruptcy works against claims for or judgments for damages from car accidents, and bankruptcy law, being federal, overrules the state court judgment: all you'll get is whatever you, as one of her creditors (someone to whom she owes money) get through the bankrupcy process, and to get even that, you must put in a claim in her bankruptcy. Contact the bankruptcy court for instructions in doing this.
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.