5 replies to this topic

[concerned28]

My son had a car accident in April. He was not at fault and was transported by ambulance to the hospital. His car was totaled and the insurance gave him a check for his car. He asked me to help him get an attorney for his injuries of which I did. I have basically done all the paperwork for him and kept in touch with the attorney. Within weeks after he was paid for his car he needed another car to take his girlfriend to work-he doesn't work-so we as his parents bought him another car. He told us that he would pay us back when he got his settlement. Since August he and his girlfriend have moved in with us and he has wrecked the car we bought and we have fixed it on the basis that we would be compensated. I have little faith he will pay us anything at this point so my question is can I file a claim against his settlement?

[LegalwriterOne]

Not unless you sue him and obtain a judgment first....

[FindLaw_AHK]

You may wish to sue him for the damages owed to you. I suggest you consult with a local Lawyer to advise you further on how to proceed with such a claim.

Best of luck.

[pg1067]

Not sure exactly what you mean. You can sue your son. If you get a judgment, you can then try to enforce the judgment as permitted by the laws of your state. If he has sued the at-fault party, you may be able to enforce your judgment by placing a lien against his potential recovery in the lawsuit.

[charliegoodwin]

some kid hes 18 , took my daughters car-17- by finding a hidden key then he wrecked her car we had to claim it on our ins can I sue him in small claims ct and whats statute limtation in Tn? its been 6.5 months I have offered him in writting a discount fee of 1,000 to forgive the claim of $3,700 our insurance had to pay...Now due to the accident our rates are higher I cant get them to reply they have moved so how can I serve them small claims papers if I dont know were they moved

[adjusterjack]

some kid hes 18 , took my daughters car-17- by finding a hidden key then he wrecked her car we had to claim it on our ins can I sue him in small claims ct

Yes.

whats statute limtation in Tn? its been 6.5 months

3 years to file a lawsuit.

I cant get them to reply they have moved so how can I serve them small claims papers if I dont know were they moved

You are either going to have to find them or get permission of the court to serve by publication.

The trouble with serving by publication is if he doesn't respond you'd likely get a default judgment. And if you still can't find him you might never collect. Although you could have that same problem even if you were able to effect personal service.