San Antonio, TX asked in Consumer Law, Criminal Law, Personal Injury and Car Accidents for Texas

Q: If I get a form SR-88 signed by my county clerk to dismiss a subrogation case after 10 years, can they still persue me?

Hello, when I was 16 years old I had a car accident with my brothers car, I didn't know he didn't have insurance at the time. Later on when I turned 18 years old, I got served with paper work saying there was a subrogation case against me for the accident. I was pregnant at the time and living in my own, the other party was very aggressive and told me if I didn't agree and sign to the agreement I would go to jail and have my baby there. With no help from my parents or representation I gave in and signed. It was settled for the amount of $10,000. After a while I stopped paying my monthly payment since I was working by myself to support me, my daughter and her dad since he had kidney failure and couldn't work. I try to resume payment but I could not keep up. Since no payments were made they suspended my license indefinitely and now that it has been 10 years since the original case I can apply for a form SR-88 to get the case dismissed by the county clerk. If the case gets dismissed with

1 Lawyer Answer
John Cucci Jr.
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  • Criminal Law Lawyer
  • Houston, TX

A: An SR-88 is usually used to renew a judgment.

If you have 10 years of non-payment, I would not do anything.

The statute of limitations on an existing Judgment in Texas is 10 years. Unless the Judgment creditor has re-filed, or renewed, the judgment becomes dormant, and usually, unenforceable.

I hope this helps.

1 user found this answer helpful

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