advice about an insurance settlement (Full Version)

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tryinswitch -> advice about an insurance settlement (12/20/2008 4:03:09 PM)

so if i have received an isurance settlement and then the check was stolen will they re issue it? and 2 if they DO reissue it how do i go about paying the leins but still getting part of the settlement..... i need advice about this desperatly!!!!




stef -> RE: advice about an insurance settlement (12/20/2008 4:07:56 PM)

quote:

ORIGINAL: tryinswitch

so if i have received an isurance settlement and then the check was stolen will they re issue it?

This is a question you need to ask of the issuing party, not strangers on a BDSM forum.  At the very least you need to report the check stolen to both the police and the issuer if you ever want a chance of having it redrawn.

~stef




bluepanda -> RE: advice about an insurance settlement (12/20/2008 4:10:54 PM)

To answer the first question, generally yes. But what kind of settlement are we talking about?

To answer the second question, I'm afraid I don't know what you mean by paying the liens and still keeping part of the settlement. Are you comfortable giving us more details?




celticlord2112 -> RE: advice about an insurance settlement (12/20/2008 4:16:50 PM)

quote:

ORIGINAL: tryinswitch

so if i have received an isurance settlement and then the check was stolen will they re issue it? and 2 if they DO reissue it how do i go about paying the leins but still getting part of the settlement..... i need advice about this desperatly!!!!

Generally, companies will replace a stolen check, so long as it has not been cashed.  The sooner you contact them the better your chances.  If it gets cashed, you're probably screwed.

Liens are claims against property.  The nature of the liens (and the property attached) will determine whether or not you a legally required to use this insurance settlement to satisfy the underlying debts.

If there is a claim against the insurance settlement itself, more than likely you will be required to satisfy that claim before you spend the settlement money in any other fashion.




bluepanda -> RE: advice about an insurance settlement (12/20/2008 4:19:57 PM)

quote:

ORIGINAL: celticlord2112

quote:

ORIGINAL: tryinswitch

so if i have received an isurance settlement and then the check was stolen will they re issue it? and 2 if they DO reissue it how do i go about paying the leins but still getting part of the settlement..... i need advice about this desperatly!!!!

Generally, companies will replace a stolen check, so long as it has not been cashed.  The sooner you contact them the better your chances.  If it gets cashed, you're probably screwed.

Liens are claims against property.  The nature of the liens (and the property attached) will determine whether or not you a legally required to use this insurance settlement to satisfy the underlying debts.

If there is a claim against the insurance settlement itself, more than likely you will be required to satisfy that claim before you spend the settlement money in any other fashion.



Tryinswitch, if for some reason you're having trouble deciding whether to listen to me or listen to him, listen to him. His answer is definitely better and more complete than mine.




Lordandmaster -> RE: advice about an insurance settlement (12/20/2008 4:49:42 PM)

To the OP: this is a very good answer, but I have one comment.  If a bank cashes a check for someone other than the payee, the bank can be held liable.  If it comes to that, you're gonna need a lawyer.

In any case, contact the company right away about your stolen check.

quote:

ORIGINAL: celticlord2112

Generally, companies will replace a stolen check, so long as it has not been cashed.  The sooner you contact them the better your chances.  If it gets cashed, you're probably screwed.

Liens are claims against property.  The nature of the liens (and the property attached) will determine whether or not you a legally required to use this insurance settlement to satisfy the underlying debts.

If there is a claim against the insurance settlement itself, more than likely you will be required to satisfy that claim before you spend the settlement money in any other fashion.




CalifChick -> RE: advice about an insurance settlement (12/20/2008 6:22:25 PM)

quote:

ORIGINAL: tryinswitch

how do i go about paying the leins but still getting part of the settlement..... i need advice about this desperatly!!!!


If your settlement is $10,000 and there are $10,000 in liens, unless you can negotiate a reduced payment-in-full, you will get nothing.

And if you somehow keep the money for yourself and don't pay the liens, well, it won't be worth the legal trouble you'll be getting yourself into.

Did you have a lawyer for all of this?  Or did you negotiate yourself?  Either way, how is it that you don't know that you have to satisfy the liens before you get anything for yourself?

Cali




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