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  • Topic: My buddy is screwed

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    • March 13, 2018 10:28 AM PDT
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      My buddy is screwed

      I have a friend who is "mildly retarded" after a dozen operations on his brain. He cannot manage money for the life of him, so his sister set things up so his disability checks go into the bank, and then pay his bills. No matter what though, two weeks later he will be flat broke. 

       

      He has health problems and cannot ride a motorcycle because he cannot balance anything. He walks with a cane. But he went out a bought a $30k "trike" - a three wheeled motorcycle. He makes payments on it and he was taking care of things himself. However, it seems he failed to pay his motorcycle insurance, and a short time later had a motorcycle accident. You guessed it - no insurance and now he is making payments on a motorcycle he cannot drive. 

       

      Now last night he told me he is being sued for damages in the accident. Because he didn't have insurance, they are suing him directly. 

       

      Can anyone think of a way out of this? 

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    • March 13, 2018 12:55 PM PDT
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      I could think of a few... none of them are a positive outcome though.

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    • March 14, 2018 9:14 AM PDT
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      Most disability income is exempt from collections. Hope California is that way. So even if they win they can't attach his income away. From there it depends on what assets he has that can be taken. The Trike is off limits since he doesn't own it yet. A house under mortgage is off limits too, but a lien can be attached to it. Paid for houses are able to be taken unless certain protections have been placed on it. 

       

      But first they have to prove he was at fault. He definitely needs a lawyer.

       

    • March 14, 2018 11:50 AM PDT
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      massdad said:

      Most disability income is exempt from collections. Hope California is that way. So even if they win they can't attach his income away. From there it depends on what assets he has that can be taken. The Trike is off limits since he doesn't own it yet. A house under mortgage is off limits too, but a lien can be attached to it. Paid for houses are able to be taken unless certain protections have been placed on it. 

       

      But first they have to prove he was at fault. He definitely needs a lawyer.

       

      He is on disability. He cannot afford an attorney. 

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    • March 14, 2018 1:40 PM PDT
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      If he is being charged with something criminal then the courts have to appoint him one. If those charges are related to the cause of the accident the people can not sue him in civil court unless and until the criminal case has been completed and he is found not guilty or it is dismissed. If he is not cited as being at fault or if the police report that it is a no-fault accident. They got no chance in hell of winning a civil case for damages. When he answers the complaint filed in civil court he needs to provide all the mental status details and his disability information. The courts are not in the habit of making retarded people responsible for their own actions. His largest worry should be his drivers license. If your unable to remember to pay your car insurance you probably shouldn't be driving anymore. They will take it away. 

       

      Is his sister an official "designated payee" for him? That goes a long way in the diminished mental capacity state. Does he have the mental capacity to represent himself in court? If not, then they have to provide legal council to assist him. That would probably be the only way out if the accident was his fault. Now if he keeps forgetting he is being sued.. lol

       

      I'm going off of the laws of a state that I know about. I don't know shit about that liberal california bullshit. LOL You know, where it is legal to be an illegal alien and accidentally shoot people. 

    • March 14, 2018 1:45 PM PDT
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      Have him file a police report saying someone broke into his garage and stole his bike, crashed it, then must of put it back in his garage because today I found it crashed up.. 

       

      um sir, you crashed it four weeks ago. 

       

      Really? well how the hell did that happen? I don't remember crashing my bike. Are you such officer?

    • March 14, 2018 5:13 PM PDT
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      I am truly sorry, but when I clicked on this thread, I thought there would be gay sex involved.  Your buddy is definitely screwed though

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    • March 15, 2018 2:23 PM PDT
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      massdad said:

      If he is being charged with something criminal then the courts have to appoint him one. If those charges are related to the cause of the accident the people can not sue him in civil court unless and until the criminal case has been completed and he is found not guilty or it is dismissed. If he is not cited as being at fault or if the police report that it is a no-fault accident. They got no chance in hell of winning a civil case for damages. When he answers the complaint filed in civil court he needs to provide all the mental status details and his disability information. The courts are not in the habit of making retarded people responsible for their own actions. His largest worry should be his drivers license. If your unable to remember to pay your car insurance you probably shouldn't be driving anymore. They will take it away. 

       

      Is his sister an official "designated payee" for him? That goes a long way in the diminished mental capacity state. Does he have the mental capacity to represent himself in court? If not, then they have to provide legal council to assist him. That would probably be the only way out if the accident was his fault. Now if he keeps forgetting he is being sued.. lol

       

      I'm going off of the laws of a state that I know about. I don't know shit about that liberal california bullshit. LOL You know, where it is legal to be an illegal alien and accidentally shoot people. 

      I believe they are just suing him for damages. 

       

      No, his sister is not legally designated payee or anything. 

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