What to do if I had a car accident 3 years ago but only just found out that Ihave been sued?

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What to do if I had a car accident 3 years ago but only just found out that Ihave been sued?

Both the other person and I were OK at the scene afterward. Neither of us were issued citations or tickets by the investigating officer. My car was determined to be totaled by my insurance company. I recently check my credit report and discovered that I have been sued by the other driver and passenger that was in the car. I was never subpoeaned so I had no knowledge of the suit. What can I do to get this off of my credit report, especially since neither one of us were determined to be at fault?

Asked on February 5, 2014 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If there is a judgment against you and you never even knew you were sued (and presumably, lost by default, by not appearing), then you may be able to have the judgment set aside on the grounds you were never properly served. Speak with an attorney about the best way to do this.

If there is no judgment against you yet, but there is a lawsuit, the first thing to do is to get a copy of  the papers (i.e. the complaint) from the other side. Armed with that, you can see how much they are seeking and decide whether to pay, fight, try to settle, etc.


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