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  • Please help me with this issue...

    Hi,
    I came to US on F1 visa in Aug, 07 and I bought a car in Nov, 07. On first day, I was taking my car out of my parking lot and hit a car behind me. The lady in the car knows that I am going to hit her car but she did not honk or warned me. It was not a big crash my car trunk just touched her car bumper. There was not even a scratch on her car. Initially she was fine, came out of car and checked the car everything was fine. Later she called someone and started acting holding her stomach. She was a pregnant. I was surprised and worried. I did not have license and insurance as it was my time buying car in US. Then she called cops, and ambulance came took her. Cop gave me a ticket. At that time I did not understand all these processes. I went to court, Judge penalised me for 150$ and I accepted guilty as I dont have insurance and license and thought its only 150$. I paid fine of 150$ and came back to home. Then their insurance company called me and asked for 10K $ saying medical expenses for that lady. I said I am a student here and I dont have that much money, I cant pay. They called me thrice and I gave same answer. After that I moved from Florida to California. I never got any calls. Now its been 3 yrs and I saw there is a negative record on my credit history about this incident saying liability amount 10k USD. Do I still need to pay this amount? my credit score is fine, its above average. If I dont pay what happens? Do they issue arrest warrant against me? I dont know whether they have any case against me in the court. Please help me. Should I hire a attorney and challenge this?

  • #2
    Did the lady get a judgment against you in a court of law? Or did the insurance company just tell you to pay it?

    If a court ordered you to pay the money, then yes, you still owe it. However, they only have so many years to collect on it. If no court ordered you to pay it, the insurance company just hounded you, then no. If you have no court order telling you to pay the damages, fight it.

    You always have the option of fighting negative marks on your credit score. Contact the credit reporting agency that lists this negative mark and tell them it is not your debt. You will have to contact the creditor listed on the report and request proof of the debt being yours, and not hers. If it IS your debt, you will have given the creditor your name, address and telephone number. They can use this to hound you for payment or attempt garnishment. If it's not your debt, they will have to remove it from your credit report.

    Sorry, I know it's not a good scenario, but I'm a paralegal and have worked in debtor/creditor law. It's not easy to win this type of battle, which is why our credit system is so messed up.

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