DownInFlorida
New Member
- Jurisdiction
- Florida
An insurance company has opened a case against me for money owed them from a *minor* car accident where I was uninsured.
Amount: $3400: $100 for a medical exam $600 for the car damage, and $2700 for... pain and suffering? It is not quite clear, and the other driver actually worked for the insurance company, so she knew what to file for, apparently.
They opened the case last year, but from what I can tell from the civil court website a judge dismissed the case last year, but now (under the same case number) I have been subpoenaed to appear for a mediation.
The subpeona does not say "small claims" on it, I did talk to an attorney briefly who said the the room in the courthouse on the subpeona and the amount of the claim is definitely small claims.
He also said they could not garnish my wages in the state of Florida as I am the primary wage earner in our household.
1) Is the garnishment thing true?
2) if mediation fails, can they file a judgement against me?
3) I do not have access to $3400 (not in credit cards, not in savings, and my credit is so bad that I cannot get a personal loan- not for that kind of money). What would be a reasonable offer? $50/month? I really am living paycheck to paycheck, so anything like $100/month will be hard on us.
4) Is there a way to see why it was dismissed to begin with and use that to my advantage?
5) Anything else that I should do/not do in the mediation?
Thanks!
Amount: $3400: $100 for a medical exam $600 for the car damage, and $2700 for... pain and suffering? It is not quite clear, and the other driver actually worked for the insurance company, so she knew what to file for, apparently.
They opened the case last year, but from what I can tell from the civil court website a judge dismissed the case last year, but now (under the same case number) I have been subpoenaed to appear for a mediation.
The subpeona does not say "small claims" on it, I did talk to an attorney briefly who said the the room in the courthouse on the subpeona and the amount of the claim is definitely small claims.
He also said they could not garnish my wages in the state of Florida as I am the primary wage earner in our household.
1) Is the garnishment thing true?
2) if mediation fails, can they file a judgement against me?
3) I do not have access to $3400 (not in credit cards, not in savings, and my credit is so bad that I cannot get a personal loan- not for that kind of money). What would be a reasonable offer? $50/month? I really am living paycheck to paycheck, so anything like $100/month will be hard on us.
4) Is there a way to see why it was dismissed to begin with and use that to my advantage?
5) Anything else that I should do/not do in the mediation?
Thanks!
