Legal Question in Civil Litigation in New Jersey

Information subpeona

We are being sued for a 1 day hospital stay in Sept 2000. The plaintiff has obtained legal counsel to seek payment in the amount of $2500. We were fully ensured at the time. Our ins. co submitted a letter stating that it was the provider's obligation, due to circumstances to precertify the patient. The ins co also stated in the letter that hte proder (hospital) never gave them the information as requested. This was the sole reason the bill was not paid by ins co. We filed a motion to vacate initial judgement (for the plaintiff) and submitted our insurance info. The attorneys for plaintiff then sent us an information subpeona demanding we list all assets. We have not received a judgement yet. Attor. also stated if we did not return form within 14 days, we can go to jail. Question is, this is a 'legal' document (info sub) and are we obligated to send it even before final judgement has been entered by a superior court judge? Thank you.


Asked on 8/05/02, 1:58 pm

2 Answers from Attorneys
Scott Diamond DIAMONDLAWYER

Re: Information subpeona

you need to file ananswer and third party complaint bringing the insurance company into the case. That shold get you off the hood for the bill. There are time limits to do this so do it soon. You can also sue the insurance company and consolidate the ations .later

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Answered on 8/05/02, 2:56 pm
Glen Chulsky Law Office of Glen H. Chulsky

Re: Information subpeona

If the judgment was vacated, then the attorney isn't entitled to have you fill out the info subp. You should check with the court to see if it was vacated. If it was, you will need to bring the insurance company into the suit as a third party defendant. If you would like additional info, please feel free to call me at 973-479-5814.

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Answered on 8/05/02, 9:57 pm


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