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A debt not reported nor requested to be paid

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  • A debt not reported nor requested to be paid

    When I was ohh 18 or so (6 or so years ago) I was in michigan in my sisters SUV. I feel a sleep and hit a truck, my drive side front tire his his rear driver side and dam near ripped the axle out of the truck. Luckily no one was hurt and we all walked a way with out a scratch. My sister had insurance but I guess since we both lived at home I was not covered because we lived in the same house and I was not on the policy. I say it was all bull **** but what ever. When I had the wreck I got a ticket for no proof of insurance as she had took it out. when I got home I faxed her copy to the sheriff and the ticket was thrown out. Well when the other couple called my sisters insurance company and was told they would not pay, the went to their insurance and got paid through uninsured motorist. Something in the neighbor hood of 12k I think.

    I got a phone call about a month or or after the accident requesting insurance info. I told the woman I was license driver in indiana and did not personally own a vehicle, I also told her I was a poor high school student with no money or job. She said ok and she would call me and let me know how they wanted to handle it.

    I never got the phone call back, it has never shown up on any credit report, I have never been sued or asked to pay the money(not even sure of the amount), I also have no idea of the insurance company nor how to find out.

    SO do I not worry about it since it has been at least 6 years or dig up the info and file on it.

    here is my concern if I dig it up being 6 years I doubt I can only way would be the sheriff office and I doubt they have it 6 years later. If I dig it up file on the debt it worries me the insurance company newly reminded of the large debt goes to Michigan or even indiana and has my license suspended and I have to pay the debt to get it back. Which would mean it gets discharged and I still have to pay it to get my license back which I have to have.

    I am thinking just forget about it and should it come back pay it some how one day. What do you think? I know in indiana if you have a wreck and no insurance they make you pay the debt of the wreck before you get your license back.

  • #2
    According to http://www.statuteoflimitations.net/...imitations.htm, she would have had to sue you within 3 years to get a judgement.

    Don't take any chances. Mention this to your attorney and ask whether you should list her has someone who may have a claim against you.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

    Comment


    • #3
      It is not my sister, but the insurance company for the other people. I am not worried about my sister doing anything.
      Originally posted by LadyInTheRed View Post
      According to http://www.statuteoflimitations.net/...imitations.htm, she would have had to sue you within 3 years to get a judgement.

      Don't take any chances. Mention this to your attorney and ask whether you should list her has someone who may have a claim against you.

      Comment


      • #4
        list everyone

        Hello bigtime6656,

        Generally speaking it is best to list everyone that you even might owe money to in your BK petition.

        The sheriffs dept will have records, they keep them for way more than 6 yrs

        You want the name of the other couples insurance company. You don't have to contact them, just list them on your BK petition. They get the BK notice. If they still have you on the books, the debt gets discharged. If they don't have you on the books, they ignore the notice.

        But you are protected even if you don't list them (since you have no evidence you owe them anything) If it turns out later that they try to get $$ from you, you just show them the BK case # and file date and they can't collect.

        That said, fines from govt agencies generally are not discharged, so if you owe the Sheriff Dept a fine you might have to pay that. But unless you have been hiding from them I'm sure you would have been notified years ago.

        If I dig it up file on the debt it worries me the insurance company newly reminded of the large debt goes to Michigan or even indiana and has my license suspended and I have to pay the debt to get it back. Which would mean it gets discharged and I still have to pay it to get my license back which I have to have.

        This doesn't sound right. I'm not a lawyer but I would be surprised that the law allows for a second-party insurance company to suspend a license. And if the debt gets discharged, you don't have to pay it. Period. Check this out w/ someone who knows Mich./Ind motor vehicle law.

        Good luck with everything,

        Tom in Colo
        Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

        Comment


        • #5
          I had a $10 fine for not having the proof paid it when I sent in the proof of insurance. My understanding is it is not the insurance company but the bmv that suspends your license. and indiana requires you to pay for the accident to receive a reinstatement. I think what saved me even thought my sister's insurance did not pay was that it was out of state and I give her proof of coverage to the Michigan sheriff office. I doubt they would ever come back, but like any other thing it could happen. Funny thing and what could still save me is when my sister got her next car she was asked why she left the old insurance company by her agent, and she told him why, he told her that her old company could be made to pay for the accident, I guess something about how I was her brother and was not on the title so it would be like any other person using her car. He said they could not say a person living in the house could not since it says any license driver. though we never worried about it since they never bothered me.
          Originally posted by tcreegan View Post
          Hello bigtime6656,

          Generally speaking it is best to list everyone that you even might owe money to in your BK petition.

          The sheriffs dept will have records, they keep them for way more than 6 yrs

          You want the name of the other couples insurance company. You don't have to contact them, just list them on your BK petition. They get the BK notice. If they still have you on the books, the debt gets discharged. If they don't have you on the books, they ignore the notice.

          But you are protected even if you don't list them (since you have no evidence you owe them anything) If it turns out later that they try to get $$ from you, you just show them the BK case # and file date and they can't collect.

          That said, fines from govt agencies generally are not discharged, so if you owe the Sheriff Dept a fine you might have to pay that. But unless you have been hiding from them I'm sure you would have been notified years ago.

          If I dig it up file on the debt it worries me the insurance company newly reminded of the large debt goes to Michigan or even indiana and has my license suspended and I have to pay the debt to get it back. Which would mean it gets discharged and I still have to pay it to get my license back which I have to have.

          This doesn't sound right. I'm not a lawyer but I would be surprised that the law allows for a second-party insurance company to suspend a license. And if the debt gets discharged, you don't have to pay it. Period. Check this out w/ someone who knows Mich./Ind motor vehicle law.

          Good luck with everything,

          Tom in Colo

          Comment


          • #6
            Originally posted by bigtim6656 View Post
            It is not my sister, but the insurance company for the other people. I am not worried about my sister doing anything.
            By "her" i meant the woman you said who called about insurance info. I assume she was the driver of another vehicle you hit. I guess I misunderstood. In any case, it looks like most statutes of limitation in MI are 6 years or less.
            LadyInTheRed is in the black!
            Filed Chap 13 April 2010. Discharged May 2015.
            $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

            Comment


            • #7
              I see, my bad, she was a person for the insurance company for the other people.
              Originally posted by LadyInTheRed View Post
              By "her" i meant the woman you said who called about insurance info. I assume she was the driver of another vehicle you hit. I guess I misunderstood. In any case, it looks like most statutes of limitation in MI are 6 years or less.

              Comment


              • #8
                Hi bigtime,

                Funny thing and what could still save me is

                I don't think you need saving.....with the BK you seem like you are covered no matter.

                Good luck to you!

                Tom in Colo

                ps: I wouldn't sweat the driver lic. thing either, dmv/bmv issues the lic. so they have to be the one to suspend it....but they are a govt agency and have to follow due process...I don't think a private company can just say "suspend this guys lic." Probably have to go through law enforcement, etc.
                Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

                Comment

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