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Plaintiff in civil suit has an active warrant against her?
My husband is being sued by a lady from an accident in 2011 in which she lost control of her vehicle and wrecked. She claims my husband was at fault. Well the police and insurance neither thought this and closed the case. Well I found out yesterday, she has hired an attorney (I guess back in 2012) to sue my husband. I went on to the state's website and saw that they served papers to a 10 year old address and have filed a fault judgement court date for next thurs. This is obviously the first we had heard of this and tried to contact her attorney to see if maybe they could tell us where the papers were served because we have not received them. Looking back they tried 3 different addresses to serve him...none of them in which he has been at for 5 years plus. And he has his current address in the system from his driver's license. Basically they didn't want to find him so they could get the default judgement and get paid. They are one of those we only get paid if you win attorneys. Well, I happened to find out that the lady suing us has an active warrant in the county that we have the court date in. Our insurance company already has an attorney for us, like I said there was nothing he did that caused the accident. The messed up part is, I was a few car lengths behind him and saw it happen and called the accident in. They told me I didn't need to stop and fill out a report. So back to my main point...is there a possibility she could be arrested on the court date for her warrant?
*sorry for the jumping around, my mind is kind of scattered with all that has come to light the past day or so with this*
Well....first off, the addresses and DOB match up...So sorry if this person is the wrong person. Not to mention the name is a bit unique as well. So I happen to know for a fact that it is the same person. And in the state I live in there are websites put on for the public to view traffic tickets, court cases, and such and that is how I found out, not to mention that county has an active warrant site that lists everyone who has an active warrant for that county. I have my ways to figure things out....it's not hard to find information out on a person with a little digging.
That's the other thing. The police did not put his name on the report or anything else. They did not note him as being a "part of the accident" as he was not. The roads were wet that morning and she lost control of her vehicle from driving recklessly. She had tailgated a person before that and would drive on the shoulder as a way of saying hurry up and move over. She never hit my husband and the police report lists it as a one vehicle accident in which she lost control of her vehicle on wet roads. LOL I guess since he was the car in front of her she feels it was his responsibility. I don't know. It's pretty much a bogus case, so I am not worried about losing the case at all. Her attorney deliberately found old addresses to try and serve him so he wouldn't have a clue this was going on and she could win by default. Lucky for us, I happen to go on and see something against him and read more into it and noticed a court date for Oct 31. I'm not trying to get o
2 Answers
- Diana BLv 78 years agoFavorite Answer
"Well, I happened to find out that the lady suing us has an active warrant in the county that we have the court date in"
Well I happen to be a prosecutor who deals with warrants all the time, so you'll forgive me if I'm a bit skeptical as to how you found out about the warrant and verified that this woman and the woman wit the warrant are the same person.
- Spock (rhp)Lv 78 years ago
even if she is arrested on the outstanding warrant at the court appearance, that won't save you or your husband because her attorney will be there to appear for her.
you'll have to fight attorney with attorney. The insurance company's attorney is your first defense and you'll want to locate one for yourself just in case everything goes wrong.
as the insurance company's attorney, my first move would be to ask the court to discharge [refuse] the case because of the failure of process. The address at which your husband lived at the time of the accident was recorded on the police report. If they didn't try to serve him there, it was an act of positive malpractice and the whole case should be tossed with instruction to serve it properly if they're going to try to proceed.
my next line of defense would be the investigating police officer and his/her report. when the officer testifies 'driver error' and the police report at the time says the same .. the case should be over.
