Legal Question in Credit and Debt Law in New York

medical bills

In July 2001 I had back surgery, supposably the anistigiolist was not paid by GHI, in 2003 they supposably served my 14 yr daughter with judment on a Saturday, I was not living their and she said she never received them, her physical description is totally wrong and name spelt wrong, now in Dec of 2008 they put a lein on my check acct for for the bill plus interest, what can i do?


Asked on 5/29/09, 11:41 am

3 Answers from Attorneys

Stephen Starr Starr & Starr, PLLC

Re: medical bills -- How to Deal with a Default Judgment

Please see the prior posting on our Blog (newyorkbankruptcylawyerblog.com) on the topic of dealing with a default judgment. The posts are:

Help A Collector Has Frozen My Bank Account in New York, Queens, Bronx, Brooklyn! http://www.newyorkbankruptcylawyerblog.com/2008/10/help_a_collector_has_frozen_my.html

- and -

What Can I Do If a Default Judgment Has Been Entered Against Me in New York? http://www.newyorkbankruptcylawyerblog.com/2008/10/what_can_i_do_if_a_default_jud_1.html

The foregoing is intended as general information of interest to readers of this website and is not intended as legal advice for your situation. You should consult with an attorney.

Best regards,

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Answered on 5/29/09, 12:41 pm
Jeffrey Shepro Jeffrey Shepro PC: NY Commercial Real Estate and Business Law

Re: medical bills

The creditor is required to serve you properly. You can try to vacate the judgment yourself or you can hire an attorney to help you. If you want to try on your own you can go to the court where the judgment was obtained and speak with the clerk about filing an order to show cause to vacate the judgment and release the restraint. Once vacated you may have to answer the complaint and go to trial or you can try to settle the case. Do not sign anything you can't afford to pay. There are many other potential defenses and factors to consider. The best course of action depends on the specific facts of your case. Please call me if you like to discuss.

Best,

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Answered on 6/01/09, 10:19 am
Jeffrey Shepro Jeffrey Shepro PC: NY Commercial Real Estate and Business Law

Re: medical bills

Also, the statute of limitations may have run in this case and therefore you may have a complete defense to this action. Please call if you would like to discuss further.

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Answered on 6/01/09, 11:18 am


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