What to do about a default judgment filed 4 years after an accident?

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What to do about a default judgment filed 4 years after an accident?

My wife had an auto accident in 2005 andwas issued a FTY citation. We thought our insurer took care of the issue with the other driver; we did not hear from our insurer about outcome of the claim. We changed insurers several times to date. We moved from WI in 2006. She had no knowledge of this process until her credit report was run 02/11 and showed this default judgment (dated 03/09). We were told in 09/06 from another insurance agent with whom we were inquiring about insurance, that he saw $1999 was paid out. Thought issue was done. How do we resolve this off her credit report?

Asked on February 14, 2011 under Bankruptcy Law, Montana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The default judgement is for what: property damage or personal injuries that have been alleged as a result of the accident?  If the insurance company was in the process of negotiating the property damage claim and dropped the ball that is a concern but why did not you keep up with it as well?  You got no information from your carrier on this?  You need to check on this default judgement or have someone do so on your behalf.  If you were sued and not properly served then you need to vacate the default and figure out what went wrong.  If you had coverage then it should have been paid absent some particular reason.  And check the statute of limitation in Wisconsin for bringing the lawsuit as well.  Good luck.


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