Legal Question in Credit and Debt Law in New York

My wife had breast cancer surgery at Roswell pk cancer inst. in Bflo. NY about 1998. At the time we were not married and she had no job or insurance. They told her at roswell that it would be taken care of. We have no paperwork to prove that. After getting married, each year they try to take my state taxes for the bill. Now they sent her a letter that they are going to garnish her disability soc sec checks. They also said they want $2000. up front. This is coming from the Buffalo office Atty. Gen. Any words of wisdom would be greatly appreciated.

Asked on 12/04/10, 6:48 am

2 Answers from Attorneys

Jason Stern Law Offices of Jason Stern

If they are garnishing SSI and state taxes, it sounds as though they have a judgment against you and are taking legal steps to enforce that judgment. If you never received a summons and complaint to appear in court and answer these allegations, you may wish to explore filing a motion to vacate the judgment. If the judgment is vacated, those collection efforts will have to cease and you will have the opportunity to defend yourself (or wife) in court. As a practical matter, you will then have the leverage to negotiate a much better resolution to the case.

If you need further assistance, you may contact my office via email.

Best of luck!

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Answered on 12/09/10, 11:54 am

Debra Palazzo Law Offices of Debra Palazzo, LLC

You are not responsible for your wife's pre-marital debts.

Further, there is a 6 yr statute of limitations (SOL) for them to commence suit on this matter.

You need to find out whether there is a judgment gainst you (and/or your wife) and move to

have your name vacated from same.

If there is no judgment, send them a letter staing that the SOL has expired and to stop contacting you.

Make sure your bank accounts are not holding $$ because if there is a judgment, the next thing that will happen is you will learn that your bank accounts have been frozen.



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Answered on 12/10/10, 4:37 am

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