Legal Question in Personal Injury in North Carolina

What is judgement proof?

Recently I hired a lawyer to help me with a case that I've been trying to deal with for the last 2 years on my own. (I was involved in a car accident in NM where I lived for 8 years. My insurance had lapsed and the other driver claimed 24,000 in medical damages even though she didn't go the the hospital from the scene of the accident and said she was fine. She said she had uninsured motorists insurance. Regardless, now her insurance company is sueing me.) The lawyer I hired seemed busy and distracted when we were talking, and I didn't get to ask as many questions as I wanted to. He mentioned that now that I live in North Carolina I am protected by a law that makes me ''judgement proof''. I am thinking about trying to finish settling on my own. I am a student, I have no assets, I don't believe the woman was hurt. The insurance company was asking for 30,000 and I got them down to 9,000 before I hired this guy. I was on my second set of interrogatories with no counsel when I decided to try and settle. (There is no judgement against me.) Should I stick with the lawyer? And what is this judgement proof law? Am I protected by it even though the accident happened in NM? Please respond.


Asked on 3/26/02, 11:14 pm

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: What is judgement proof?

you've got lots of issues and questions here. It sounds as if this other lady's uninsured motorist insurance company (UM) paid for her damages. I understand you have some question about the extent of her injury, if any. What they are doing now is "subrogating" against you. There may be particular laws from NM that would govern their subrogation rights, which is more of a NM question, than a NC question. In any event, assuming they have preserved their subrogation claim properly, it would be your duty to raise any and all defenses at this time (e.g. statute of limitations, reasonableness of settlement, failure to follow statutory procedures). It is unclear from your question where you are in the process. If they have served interrogatories, then you are probably early in the process. You may need a lawyer to assist you with various matters. As for being "judgment proof," that is another matter. It is generally risky to rely on being "judgment proof." If you finish your college degree and want to own a house or car etc. some day in the future, you really don't want an outstanding judgment against you, and you really don't want to have to file for bankruptcy over something like that. I am aware of no particular law to protect you. There are several laws relating to "collection". E.g., a home owned by you and your spouse would generally be protected, and you would have certain statutory "exemptions," but you may now, or later in life, have exposed assets. The fact that the accident happened in NM does not seem to otherwise matter. They are probably pursuing you in NC because there is "personal jurisdiction" over you here..

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Answered on 3/26/02, 11:44 pm


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