$1000 hanging over my head
November 20, 2008 9:09 AM Subscribe

Am I screwing myself by not filing a motion in court? Does it really matter in the long run?

I was served papers by a rental car agency for the outstanding balance (just over $1000) of an accident one year ago in which the rental car I was driving was totaled. My 30 days to respond is nearly up.

Someone else cause the accident (documented in State Police report). After salvage, her insurance co. paid all but the $1000+ because they claim it's "unreasonable towing charges" (towed from WA to OR). Rental car co. says I am responsible for the amount, no matter what, because my name is on the contract.

The insurance co. has contacted me saying they are negotiating with the rental car co. (after I filed a small claims court claim against the accident-causing party), but things are moving slowly. I suspect the rental car co. is stalling so they automatically "win" when I don't file a motion in time in response to the papers they filed.

The thing is, I only make $8/hr working less than 25 hours a week and I'm not going to hire a lawyer at $150+/hr to get this settled. And I am reluctant to even pay the $50 motion filing fee to submit a download-it-now legal form off the internets... it could all be for nothing. I live in a different state from where the accident occurred and from where the papers were filed in court (three different states).

I am not worried about the decision against me ruining my credit. I am building my own tiny house debt-free and don't/won't need a car loan.

Worse case scenario, they say I owe $1000+ and I never pay?

Of course the lawyer that I did contact recommended I hire a lawyer, but I told him I couldn't afford it.

Considering most of you are not lawyers, what would you do?
(See my profile, previous questions for more background.)

posted by hulahulagirl to law & government (23 comments total) 1 user marked this as a favorite

Pursue this.

If the insurance company is disputing a payment, but the other party is found 100% liable, then it seems to me that they would be responsible for paying the amount not covered by the insurer. Of course, this may vary if they're not 100% liable or there's some other weird procedural thing going on. IANAL.
posted by Inspector.Gadget at 9:19 AM on November 20, 2008

Contact Volunteer Legal Services or whatever your local equivalent is and see if they can take your case.
The worst case involving a default judgment for $1000 is they come after you for collections and garnish your wages, in addition to ruining your credit.
posted by katemonster at 9:24 AM on November 20, 2008

I've called Legal Aid, they don't handle "this type of matter."
posted by hulahulagirl at 9:28 AM on November 20, 2008

Are you screwing yourself over? Yes
Will it harm you in the long run? Probably.

Worst case, they will contact your current employer and garnish your wages until they are paid back in full. Unless you're paid under the table in cash, you aren't judgment proof.

You have the choice of paying $150-300 for what should be a very simple legal matter, or $1000 + court costs, and you've decided you'd rather wait and pay the full $1000. The fact that it happened out of state seems irrelevant, since collections agencies work nationwide on a regular basis.

It sounds like you have the opportunity now to stand up for your rights, but are instead opting to wait until it's too late, so that you'll be stuck with the bill. Avoidance generally doesn't work with legal/money problems.

You should check out consumerist, as I'd swear I've seen a story there recently with almost the exact same scenario, and by writing some polite but firm letters up front, they were able to avoid paying anything. The key is to act now, not once you've already lost the court case. "I didn't feel like responding" isn't usually considered a reason for an appeal.
posted by nomisxid at 9:32 AM on November 20, 2008

Volunteer legal services isn't the same thing as legal aid. I don't know where you're located so I can't point you to anything in particular, but this is an example of one I'm familiar with. They serve a wider variety of people and cases than our local legal aid office.
Or you could try your state bar's referral service -- they usually have a low-income option that will refer you to a lawyer who is not allowed to charge you more than a set amount per hour, usually around $60. nomisxid speaks the truth; avoidance is not going to work here.
posted by katemonster at 9:40 AM on November 20, 2008

I would not let it go and get a default judgment of $1,000 on your credit report. That will follow you around and possibly be a basis to garnish your wages. You do not need to pay a lawyer $150/hr or even pay $50 for forms online to respond.

1. Contact the local bar association for a pro bono referral or see if a local law school has a pro bono law clinic. If time is really short, like a week or less, this may not be a realistic option because there are a lot of people who need these kinds of services.

2. If the rental car company has filed a complaint and you need to file an answer (or if they have filed a motion for a default judgment and you need to file a response to their motion), that is totally not a big deal and not worth $50, much less $150. You can do this yourself. Prisoners with less education than you do it all the time. The library (law or regular ol' public library) will most likely have a form book that you can use, if you're not finding what you need online. I have never paid for a form because nearly everything is available for free if you hunt around a little bit.

Devoting a few hours to resolving this now will save you a giant headache going forward. Good luck.
posted by *s at 9:42 AM on November 20, 2008

If you don't file a response to the legal papers that were filed against you, the court is going to decide the case easily and say that you owe $1000.

Can't you just file your own response pro se, without hiring a lawyer, that says something like the following:

As Plaintiff rental company is aware, a third party was wholly responsible for causing the accident which caused the damages over which they are currently suing. Plaintiff rental company has recovered to date all but $1000 of the damages they claim to have sustained as a result of the accident from that third party's insurance company. (See attached police report.) The insurance company is currently in negotiations with Plaintiff rental company over the final $1000 that Plaintiff rental company claims they are owed. The remaining $1000 concerns the charge for towing the car from Washington state to Oregon, which the rental company claims is an unreasonable towing fee, and I agree that this charge appears excessive and unreasonable.

Whatever amount the Plaintiff rental company is owed for this towing expense, it is not owed by me because I did not cause the accident; it is owed by the third party's rental car company. If the Court awards $1,000 to Plaintiff from me as requested, I will not have sufficient funds to pay, and will need to seek reimbursement from the third party insurer, who may not be willing to pay the full $1,000 the court awards. The Court should deny the Plaintiff's motion seeking $1,000 from me because this dispute is really between the Plaintiff rental car company and the third party's insurance company, and not with me.

Courts are often at least somewhat understanding of pro se litigants who have a point and a rational basis behind their filings, and may look for a way to help you instead of simply awarding the $1000 judgment against you as they undoubtedly will if you sit on your hands and don't do anything. Are you really dallying because of the $50 or because you don't know what to say in the motion? Spending $50 to potentially save $950 always seems like a good bet to me. Don't presume that just because you don't care about your credit now, you won't care about it in 5 years. Do the responsible thing and make the filing.
posted by onlyconnect at 9:43 AM on November 20, 2008 [1 favorite has favorites]

nomisxid---It's not that "I don't feel like responding," it's that I literally can't afford to hire an attorney and Legal Aid won't help me. As I mentioned, I make shit for wages and I live in an economically depressed area (who doesn't?) where there aren't any other good money-making opportunities. $150-300 is something I don't have.
I have written letters and the other person's insurance co., as of today, is negotiating with the rental car co. But in the meantime, it's me on the line while the lawyers and insurance co. perform some sort of circle jerk.
posted by hulahulagirl at 9:43 AM on November 20, 2008

which the ~~rental company~~ claims is an unreasonable towing fee

which the insurance company claims is an unreasonable towing fee
posted by onlyconnect at 9:47 AM on November 20, 2008

Whatever amount the Plaintiff rental company is owed for this towing expense, it is not owed by me because I did not cause the accident; it is owed by the third party's ~~rental car~~ company.

it is owed by the third party's insurance company.

Sorry for all the mistakes. Good luck!
posted by onlyconnect at 9:51 AM on November 20, 2008

One word of advice - any letters you send to the court, to the rental company or whomevewr, send via certified mail return receipt requested. It will cost you about $1.60 extra in postage each time (which I know hurts when you're making just above minimum wage), but you will protect yourself against the court saying they never received your correspondence.

Perhaps try sending a certified letter to the court (the judge? his clerk? Legal-type MeFites may be able to advise.) stating that you have repeatedly requested a detailed invoice from the towing company, since the rental company is calling the charge "excessive" and wants a breakdown of the charges. In the same letter explain that your present financial situation prohibits you from hiring professional legal assistance and therefore - as a civilian with no legal background - would the court please explain what are the necessary steps you must take to get a continuance (or whatever an extension of your 30-day response time would be called). If you respond in writing, the court/rental company can't say that you're ignoring the situation.
posted by Oriole Adams at 10:06 AM on November 20, 2008

This is why insurance companies exist. Your insurance company should deal directly with the rental car company. You shouldn't have to pay anything out of pocket -unless your specific car coverage policy states so- (i.e. the different levels of coverage for your policy: comprehensive, collision and so on). If you are contacted by the rental car company again, politely ask them to only communicate with you in writing and to address all issues with your insurance company. I don't think you should hire a lawyer until you have exhausted all venues with your insurance company.
Good luck!

She doesn't have an insurance company; she declined the insurance on her rental car and has none of her own.

Your three questions all come off as someone who feels the victim and someone who's getting treated badly. You're going to lose $1000 at least if you keep this mindset going. Victims get pushed around because they don't stand up and do the things they need to defend themselves.

You were put in a bad position in an accident that wasn't your fault; your actions since, however, are noone's responsibility but your own. If you have to pay a small fee to defend yourself, do it. Also, contact your local bar association or visit your local law college and see if someone can give you some cheap advice. Lying down (aka, not filing) and claiming that everyone's doing you wrong does nothing but hurt you. Fight back.

Good luck.
posted by scabrous at 10:19 AM on November 20, 2008 [1 favorite has favorites]

oh and... the file-it-now fee is baloney. You can send it (certified, for peace of mind) to the courthouse and save yourself money that way as well. Some courthouses have free electronic filing or fax filing, and will walk you through it by phone.

Maybe, but it's the Clerk's Office at the court who can tell you exactly what you need to do to file a motion. They probably have a website, or call them. Tell them you are filing pro se and ask how to do it. If there are filing fees ask about if there is any procedure to have them waived based on your low income. They can't give you legal advice either but they can tell you how to submit paperwork for your case. And if you file it in person, bring an extra copy to get stamped for your own records.
posted by peeedro at 10:25 AM on November 20, 2008 [2 favorites has favorites]

IAMYL, but you gotta take care of this. Even if it is scary, you just have to do it. It's like making a tortilla. You're like, "What? I don't know how to make tortilla." Exactly, but its really not that hard once you just try.

Consider grabbing a book from the good people at NOLO. They make books on how a non-lawyer can deal with the legal system.

What's the worst thing that can happen from you not dealing with this? A lot.
What's the worst thing that can happen from you dealing with this? A little education.

Good luck, grasshopper.
posted by letahl at 10:55 AM on November 20, 2008 [1 favorite has favorites]

The people who work in the clerk's office of many courts are often very willing to assist people in your position (being pursued by a corporation and without the funds to hire a lawyer) in filing the necessary documents. At the very least, I would make contact with them. I would call and ask when they tend to be least busy and make a trip down to their office around that time.

How do you think many lawyers learn how to file basic court documents? I made it through law school without learning how to do any "practical lawyering" (File a lawsuit? I understood the concept but had no idea about how to do so). Friendly folks in the clerk's office have saved my ass more times than I can count.

Might not do a bit of good but you don't have much to lose by making the attempt.
posted by Carbolic at 11:04 AM on November 20, 2008

I called the Circuit Court Civil Dept. and he let me know what I have to do. I have until next Tuesday to get the motion there, so I'm mailing it today.
Thanks for your help everyone. I guess I just needed a kick in the butt.
posted by hulahulagirl at 11:06 AM on November 20, 2008

I should have been more clear in my follow-up. Filing a response is generally FREE (charges apply for filing the lawsuit, not responding to it), so someone online charging you $50 for filing is most likely trying to unnecessarily separate you from your money. Many courts have websites with filing instructions, if not, call. Mail (CMRRR) is usually the easiest way.

Pro se litigants should be and usually are treated more leniently than represented parties, but to be on the safe side, I would not count on it. I would not write directly to the judge and not to the judge's staff, who may not be permitted to communicate with litigants. What you want is to respond to the lawsuit so you don't get a default. Depending on the rules of the court, a letter may not get the job done and may not get filed as a response to the insurance company but instead treated like personal correspondence to the judge. You don't want to leave open any possibility that your response is not treated as a response but a request for more time (which you may not be entitled to, not everything can be extended) or a personal letter to the judge. Your response need not be long -- just an explanation of why there should not be a default judgment, for the reasons you outlined above. Don't include explanations about other items, like why you cannot afford an attorney. That info does not help the court decide whether there should be a default judgment. File the response with all the relevant information about the parties, the case number, and the court (using a form, if you like) according to the court's rules by the deadline.
posted by *s at 11:23 AM on November 20, 2008

Call the Attorney General's office in your state. There will be a consumer affairs division. Ask them what help is available to you. Look in the phone book for a legal aid office and ask them, as well.
posted by theora55 at 1:27 PM on November 20, 2008

How do you think many lawyers learn how to file basic court documents? I made it through law school without learning how to do any "practical lawyering" (File a lawsuit? I understood the concept but had no idea about how to do so). Friendly folks in the clerk's office have saved my ass more times than I can count.

Ditto. When I worked for a law office in Boston, my boss (the head of our small firm) told me that I knew how to do more things [at that time] than a new law grad. Most of it boils down to asking for help from the right people, and pretty much everyone I ever dealt with in the courts -- this in Boston, which is NOT known for its shiny happy people -- was more than willing to assist me if I asked. Good luck!
posted by bitter-girl.com at 2:15 PM on November 20, 2008

It would have helped if you had given the state where the court is. Every state has different rules for this sort of thing. Your profile didn't help there either. Anyway, call the court where the case is filed. DO THIS NOW. Tell them you want to file something to controvert what plaintiff said but are unfamiliar with what to file. You never know, they might tell you where to find a form or give a suggestion. If they give some specific help or can point you to an online form, then do it, RIGHT NOW. The chances of the court clerks helping you increase dramatically if you have even some idea of what to ask for. Things get worse if you wait until after the answer period expires. You can still try things then but their chances of working are much smaller.

You want to file an ANSWER, not a motion. The reason the state is important is that some states allow you to file a type of answer called a general denial, where all you do is deny everything that was said. In fact, if you took a piece of paper, put the style of the case (car rental comapny v. hulahulagirl and the case number, which is on the papers you were served with) at the top of the page, signed it, and sent a copy certified mail to plaintiff's lawyer (also on the papers), the chances are excellent that you'd be up and rolling.

At this point, Nolo probably can't help you a lot, because the rules regarding pleadings (the papers plaintiff served on you and I am suggesting you serve on them, by certified mail) vary from state to state. They do publish a book on how to try your own case, which will be helpful after you get an answer in.

The consequences of letting it go to default judgment are uniformly bad.
posted by missouri_lawyer at 6:57 PM on November 20, 2008 [1 favorite has favorites]

I filed papers with the court and even though the insurance co. was assuring me it would be settled "within the week," I now have to schedule an arbitration hearing. Bah. So, anyway, resolved-ish.
posted by hulahulagirl at 7:38 PM on January 13

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$1000 hanging over my head November 20, 2008 9:09 AM Subscribe

$1000 hanging over my head
November 20, 2008 9:09 AM Subscribe