Need Legal Advice

[Verto]

OK, so approximately 7-9 years ago, my brother was hit by someone who was driving a Tile company truck which was not registered, who had no insurance and no driver's license. The small claims court settled in our favor, after the second date in court when the guy actually could be bothered to show up. The court was going to put a lien on his house, but it was in someone else's name; then they were going to sell one of the company trucks to give us the money, but that never went through - also because they were in someone else's name, I believe.

So, approximately 7-9 years after this incident, we receive a phone call saying the guy was now trying to refinance his business or somesuch, but couldn't because a lien/restriction had been placed on it because of the court. So from what I gather, we are being asked how much it will take to pay us off and remove the lien.

Any advice on how to proceed? Things to work on, damages to claim? A rough amount? From what I gathered from my mom, the original amount was going to be around 8-10,000 dollars. Unfortunately, she has since thrown away our copies of the documentation, since we'd moved from the town and figured we'd never hear about it again. I was under the impression the court kept a record of all cases, so we would be able to get copies there - correct or no? Anyway, I beseech the great legal minds, professional, amateur, and Sava, for help.

[Tingkai]

How much did the accident affect your brother's life. Try to put a dollar figure on that and then add 10 grand for good measure.

[Verto]

Originally posted by Tingkai
How much did the accident affect your brother's life. Try to put a dollar figure on that and then add 10 grand for good measure.

Well, he had to take time off from work; the car he was driving (paid off, although admittedly the car was not new or expensive) was completely totaled; he had to go in to a chiropractor because he had whiplash. It's hard for me to type this without breaking down from the flood of emotions I'm experiencing.

[Tingkai]

Sounds bad, but at least your brother got through it. Could have been worse.

I say nail the guy because I don't have any sympathy for people who drive without insurance.

[Verto]

Neither do I, plus the fact that nothing has happened to him (at least because of us) for nearly a decade. But I don't want to appear greedy, at least not without having reasons to back it up with.

[chequita guevara]

Get a lawyer.

[Flubber]

If you have a judgement there should be an amount listed and at a minimum you should get that , plus interest at5 the rate stated in the applicable legislation plus any costs of collection.

If you have a judgement already, its not about what he should have gotten, you already have a decision.

Liens can be incredibly effective and it is not at all uncommon to be able to come out of the woodwork and pounce when your defendent gets money later ( if they haven't gone bankrupt but thats another rant for another day)

I remember collecting 50K for a client by having a lien that stood in the way of his business getting refinanced. Amazingly they found a way to pay a bill that had been outstanding for some time

[Flubber]

despite your entitlement to the full amount, there may be a reality that if the defendent has to pay the full amount, then his refinancing dies and you get nothing.

One option is to subordinate your lien to the new financing in return for partial payment.... It puts you in a worse position for getting the rest of your money in return for getting some now.

Thankfully, we do not have to deal with this in Canada. If you are hit by an uninsured motorist, you claim under your own section "D" coverage with your own insurance company. They pay out the damages and take over the right to chase the uninsured motorist. I think the premium they show for this coverage is like 20 bucks.

While some may rail about the idea of paying to protect against someone being uninsured, I think its a small price to pay. heck, most insurance is to protect against other people's idiocies.

[Sava]

Originally posted by chegitz guevara
Get a lawyer.

and do whatever you can do to screw this guy