Quote:
Originally Posted by grocerylist
Quote:
Originally Posted by IK6SPEED
Same Insurance Company means nothing.
And you sue the Individual, not the Insurance Company.
As most DV claims are less than $5k, you can usually sue the Induvidual in Small Claims court. Even without an Attorney. Doesn't matter what their Insurance limit is. If they chose, they can turn it over to their Insurance Company.
Doesn't really matter to the person suing who pays the DV claim.
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If you've ever sued an individual in small claims court you'd realize that's not a viable option. I'd guess the majority of judgements won in small claims court are never collected upon. I won a judgment some years ago for just over $4000. I put negative marks on their credit reports, I tried to collect with the judgement from a bank account I knew the defendant had but there were no funds and the bank countersued me. As far as I'm aware wage garnishment is illegal in most states. You can't put liens on primary property, only on a secondary residence. I hired a collection agency but that never resulted in anything.
The only way you can collect on a small claims court judgment is by suing a company. |
Perhaps not in Washington (wouldn't surprise me), but wage garnishment can be done in most States with a Court Order.
Federal law limits it to 25% of the wages so it certainly takes longer than the alternative.
Furthermore, if you tip the person to have their insurance handle it, it makes it much easier.