When Will It End?

it seems like as soon as things start to take a turn for the better, something else crops up. i've written about my niece and her troubles with ex boyfriends, losing her job and the financial hardships that she, my sister and myself have been going through these last few months. she has found another job and was beginning to get back on her feet when she found out yesterday that he paycheck is being garnished because an insurance company is trying to get money from her for a fire that she had almost 3 years ago. the company paid her landlord for the loss of his property and now they say she owes them. wtf? and the fire wasn't even her fault; her dumbass bf left the stove on and a skillet of grease was on the burner, starting the fire. even still, it was an accident, not arson. if she's being held accountable, shouldn't he be liable also? when will this bs end and we'll have some sunshine again? it can't happen soon enough for me!

jerrica jerrica
51-55, F
10 Responses Feb 6, 2009

yes, she does need to see a lawyer and thanks for the hug. i need it!

The insurance company wanting a payback, sounds strange to me! It's time to see a lawyer.<br />
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And a (((BIGG HUGG))) to jerrica for being a SPECIAL AUNT!!

that's what it sounds like.

i think 3 years is the statute of limitations on most cases they are probably trying to get something before it's too late....

she did talk about filing bankruptcy, she most likely will. they're talking about 98,000 dollars and i don't know many people who'd be able to pay that off. if she was ever taken to court behind this, she never told me and i can't imagine her not saying something. unless i win the lottery, bankruptcy is the only solution that i can see.

Same way you can be liable for damages in a car accident. I'm sure people don't intend to cause the damage.<br />
But usually the insurance company just pays up and that's that. They don't come after individuals personally.<br />
They would of had to have taken your niece to court and proved she was at fault, proved her liability. Did that happen? The court would declare a judgement, a dollar value based on evidence presented. Then it would be up to the insurance company to try to collect. Letters, collection agencies, then eventually garnishment. But none of this happens overnight.<br />
Lawyer time! She should have gone to one as soon as the insurance company came after her. A lawyer will find options for her. At the very worst declare bankruptcy. But even if it comes to that, so what? It would vacate the judgement.

yeah, i told her she needs to consult with one. i think she had gotten papers about it but put things off like a good procrastionator lol. but i still don't see how they can hold her liable for something that was an accident.

thanks, krypton. i'm looking forward to things getting better, i hope it's soon. i try to be a good aunt to her, especially since she got stuck with two lousy parents. me and my other sister have been the parents in her life.

Lawyer time. If money is to tight , I'm sure there are some Pro Bono or sliding scale Attorneys. When was your Niece judged liable? This can't have come out of the Blue. She had to have judged liable in a civil action and then extensive proceedings before garnishment could begin. LAWYER!!

That sucks. I am sorry jerrica. You are a wonderful Aunt though. :) Bad luck sometimes thrives in its own company. It will get better at some point. HUGS