Have a default judgement for medical bills that may be vacated. Unsure of what happens next...

DPool34

New Member
Jurisdiction
New York
I was hospitalized in early 2008 for a tick bite. 12+ years later --a couple weeks ago-- I discovered my paycheck was being garnished. I never got any bills or notification about the judgement. My credit is perfect, so this sent me into a panic, aside from the $2500 or so I was being sued for.

Long story short, I called the courthouse and the clerk told me the judgement was entered in 2009. She said it's unusual for a judgement execution to happen so long afterwards, but she said there are some cases where this happens, like if the plaintiff requests a renewal (I believe is what she said).

She told me if I can prove I wasn't living at the address they had on file in 2009 (when the judgement was entered), the judge would likely vacate the default judgement. I got my DMV records and on there it shows I changed my address in 2006, which is when I moved out of my house. When I was in the hospital, they had my old address (parent's address on file at the hospital). Also, my parents got divorced in 2009 and their house was sold in 2010. I was estranged from both of them at the time due to the divorce. I have a document showing the house was listed in 2009 and sold in 2010, although I'm not sure if that helps my situation.

They're suing me for $1000 (plus $1000+ in interest and also other fees). The way the clerk made it sound was as if as long as I can prove I wasn't living at the address they had when the judgement was entered, the case would go away. Doing more research, this may not be the case. They may just vacate the default judgement and then I'll have to appear at small claims court to address the judgement. Although, I did ask her several time if I would have to reappear and she insisted I wouldn't. I don't know if this is because the judgement is so old or if she was mistaken/miscommunicated.

If I do have to reappear, am I able to negotiate the amount they're suing me for? I pay all my bills. If I would have known about this, I would have paid it. Also, I had insurance back then, so I'm not sure why my insurance didn't pay this doctor.

This isn't a creditor going after me, it's the doctor's office itself (of one of the doctors who treated me when I was in the hospital).

If I do have to return, do you think I can at least get the judge to take away the interest? From what I hear, people settle for less in these situations (even on the principle). I just have no idea how this works and how I could even argue such a thing. Since the original judgement was for approximately $2400, is there any way for me to settle for another amount --especially since I never received a bill for this (proven by the fact I moved from the address they had on file by my DMV records).

Anyway, I'm going to file the paperwork at the courthouse on Monday. They said the judge typically makes a decision within 24 hours. I wonder what happens to the $750 they already garnished from my paycheck in the event the whole thing is nullified...

Thank you for the help and advice.
 
Any address they had on file was the address that YOU (or your representative) provided them. Arguing now that it was incorrect isn't going to help.
 
I got my DMV records and on there it shows I changed my address in 2006, which is when I moved out of my house. When I was in the hospital, they had my old address (parent's address on file at the hospital). Also, my parents got divorced in 2009 and their house was sold in 2010. I was estranged from both of them at the time due to the divorce. I have a document showing the house was listed in 2009 and sold in 2010, although I'm not sure if that helps my situation.

Iffy.

NY process service Rule 308 Personal service upon a natural person. Personal service upon a natural person shall be made by any of the following methods:
  1. by delivering the summons within the state to the person to be served; or
  2. by delivering the summons within the state to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by either mailing the summons to the person to be served at his or her last known residence
New York Rules of Civil Procedure - Search-For-Servers.com

Since the original judgement was for approximately $2400, is there any way for me to settle for another amount

You can make a lump sum cash offer to the creditor and see how that goes. But I gotta tell you, if your paycheck is big enough so that $750 can be pulled from and you are unlikely to quit your job, and I was the creditor, I'd be letting the garnishment run its course. But that's just me.
 
I was actually just estimating how much they would have garnished by the time the judge possibly vacates the order. They've taken out about $500 in the past 2 paychecks. They're taking out another $250 next week.

Does that money go directly to the creditor or does it get held in some kind of escrow until it concludes?
 
I was just going based on what the clerk asked when I called. She asked if I could come up with a utility bill or something else that showed I wasn't living at that address at the time the judgement was entered. I figured the DMV record was the best option.
 
They've taken out about $500 in the past 2 paychecks. They're taking out another $250 next week.

Each payment goes to the creditor.

I was just going based on what the clerk asked when I called.

That's unfortunate. Court clerks are prohibited from giving legal advice. That one shouldn't have said anything about anything.

She asked if I could come up with a utility bill or something else that showed I wasn't living at that address at the time the judgement was entered. I figured the DMV record was the best option.

She's probably wrong.
 
She might be. She did say a couple times "I'm not a lawyer," implying to take what she says with a grain of salt.

I have no problem paying the principle, but I do have a problem paying $1000+ in interest. This is a bill I never even knew it existed. It never showed up as an unpaid medical bill on my credit report, otherwise I would have settled it right away.

I wonder if I tell the judge I'll willingly pay the principle, but contest the interest, I would have any chance.

I'm going tomorrow to file the paperwork (I guess it's some kind of motion to vacate the judgement). The clerk said the judge usually makes a decision within 24 hours (it's a small courthouse).

Any advice on what I should write on the paperwork?

Thanks for the input.
 
Thank you for the link. I submitted my order to contest the judgement. The judge approved my order. I have to subpoena the sheriff and lawyer representing the plaintiff in the next week, then a hearing is scheduled at the end of November. It said on the paperwork I don't have to appear for the hearing and that I would receive the judge's conclusion via mail.

On the order, I said I have no issue paying a debt I rightfully owe, but paying $1000+ in interest (more than the principal) for a debt I wasn't aware of (proven by the documents I submitted into evidence), I said I thought it was excessive.

I'm hoping the judge at least rules against the interest, but what do I know.

Thanks for your help on this.
 
It said on the paperwork I don't have to appear for the hearing

Don't you believe it. The only way you protect yourself is appear at the hearing. If you aren't there they say whatever they want. Without your rebuttal the judge believes them and is more likely to rule against you.
 
That's exactly what I thought when I first read it. I don't know why they put that on the paperwork they gave out. Highlighted, in all caps: YOU DO NOT HAVE TO APPEAR AT THE HEARING.

I thought to myself, how is that a fair fight if I'm not being represented at the hearing...
 
P.S. The only thing I thought of for them essentially encouraging that I not be present: on the paperwork I initially filled out, there was a section that asked if I was present at the initial hearing, what would my defense be?

I essentially wrote that I was unaware of any bill from the plaintiff, as described in the issue with my address.

I wrote I pride myself on paying my bills on time and have a perfect credit score with no late payments on my credit report. I also said if I was aware of the bill, I would have willingly paid it. I also wrote that I thought the high interest being added to the collection was excessive given the circumstances.

That's going to be my defense at the hearing when I attend. Of course, by the time the hearing takes place, the whole debt will have been garnished from my check. I guess if the judge rules in my favor about the interest, the plaintiff would be ordered to repay the interest.

One thing I found when looking up statue of limitations was that in NY the statue of limitations on debts is 6 years. However, I'm assuming this would be the date of services rendered to the date the judgement was entered. If that's the case, it's within the 6 year period. Although, if it did apply to my case, I'm sure the judge would have taken this into account in her initial ruling on the default judgement.
 
YOU DO NOT HAVE TO APPEAR AT THE HEARING.

The words offered were a suggestion not a command.

If I were in your shoes, you betcha I'd be there, bright and early.
 
I thought to myself, how is that a fair fight if I'm not being represented at the hearing...

You're right. It's beyond me why any litigant is ever told that he/she doesn't have to appear. Defies common sense. Even somebody with a lawyer should still show up to make sure the lawyer is doing what's necessary.

My favorate adage:

Self preservation is nobody's business but your own.

Couple of thoughts about your defense.

1 - Not knowing about a bill is not a defense, nor is it grounds for setting aside a judgment. The bill was there for you to find had you followed up after surgery.

2 - Attacking the interest rate isn't likely to get you anywhere because post judgment interest is often statutory. Whatever the judgment interest rate was at the time of the judgment is what accrues until the judgment is paid.

You can, of course, address those issues if you want to but I think you should also address the process service.

Have you obtained the Affidavit of Service (sometimes called Return of Service) from the case file to see what it says? Best to be able to study up on it in advance of the hearing so you'll know what questions to ask or what evidence to provide.

If one of your parents were served, it would be a good idea to get that parent's side of the story and get that parent in to court to testify if the testimony would be helpful.
 
Thank you for the input. I did actually read this in the paperwork and it said they left a sticker on the door of my parents residence. It said the sheriff "spoke with a male occupant," which I can only assume was one of my little brothers who were living at the house at this time. It's also possible that it was my father, who also has the same first and last name as me. So, it's also possible that one of my siblings gave him the notification sticker.

I've been estranged from my father during this time period (I'm still estranged from him). He was a nasty person during this time, which is why my parents got divorced. My mother was victimized, so I took her side. If the "male occupant" was my father, I can imagine him intentionally not saying anything to me since we weren't speaking. If it was one of my little brothers, they were minors at the time.

I spoke with my mother about it and asked if she ever remembers anyone telling her that a sheriff came to the house (or if one of my siblings told her). She said of course not, she would have told me if that was the case.

Does providing a notarized statement from my mother, explaining these dynamics help or is it merely hearsay in the eyes of the court?
 
Does providing a notarized statement from my mother, explaining these dynamics help or is it merely hearsay in the eyes of the court?

It wouldn't necessarily be hearsay, if your mother testified to it in court.

In my view, it would be useless.

Why?

It does NOTHING to assist you in proving the service was faulty.

If, however, one of your "then minor male siblings" would testify that the sheriff shoved the notice under the door, tacked it on the door, or gave it to the kid; one of those scenarios would be especially helpful.

Examples of Bad Service in NY:

Common Examples of Bad Service | NY CourtHelp

How service must be made in NY:

How Legal Papers Are Delivered (Service) | NY CourtHelp

Vacating a default judgment:

Vacating a Default Judgment | NY CourtHelp
 
Thanks! Yeah, that's the weird thing. It said just said "[spoke with] male occupant" on the paperwork. If it was my father, he probably thought he was being served since we have the same first and last name and likely said the person didn't live there. If it was one of my male siblings, two of the three of them were minors at the time. I asked all of them and none of them remembering this ever happening.

"If the papers are left with a doorman, or a child, or a mentally disabled person, this is bad service," which is from one of the links you sent. The problem is proving the sticker was placed with them since they can't remember. I don't speak with my father, and even if I reached out he would deny it and wouldn't help even if it was him.

I guess I'll give these two possible theories at the hearing. I may also provide my credit report, showing how something like this is inconsistent with my character: I've never even been late with a payment.

In the event nothing works in my favor at the hearing, is there any option for the judge to remove the judgement from my record at least? If the hearing was tomorrow and the judge ordered I was responsible, I'd willing pay the money right then and there. Unfortunately, by the time of the hearing, most if not all of the funds will have been garnished from my check already.
 
In the event nothing works in my favor at the hearing, is there any option for the judge to remove the judgement from my record at least?

If you successfully attack the service, what you desire will occur.

If your attack is unsuccessful, nothing changes.

If you have the perfect attack, but have overlooked other issues, nothing will change.

At this point, putting your male siblings on to testify that none of them were served and even if two were served, the service would have been defective.

The note mentioned "a male", no further identifiers. That could be all that is needed to prevail, the denial of your three siblings.

Less is always more.

Its not your job to assist your adversary.
 
It's also possible that it was my father, who also has the same first and last name as me.

Ouch. You didn't mention that earlier.

The hospital sued you, had your last known address. Here's what might have happened. The process server went to the door. A male came to the door. "Are you D. Pool?" "Yes." "Here."

Bingo! Proper service.

That's the risk people take when they name their children after themselves. Had another post elsewhere where the father was sued and the son got served without the father ever knowing about it. Now the father is stuck with the judgment.

Does providing a notarized statement from my mother, explaining these dynamics help

Nope.

I may also provide my credit report, showing how something like this is inconsistent with my character: I've never even been late with a payment.

Irrelevant.

Unfortunately, by the time of the hearing, most if not all of the funds will have been garnished from my check already.

In the unlikely event that you do get the judgment set aside, the judge could order the money returned, at which time you might be able to negotiate a settlement with the creditor.

In the event nothing works in my favor at the hearing, is there any option for the judge to remove the judgement from my record at least?

Nope.
 
I understand. Thank you very much for you input. I have one more thing I want to pick your brain about.

I asked my youngest brother, who lived at the residence at the time, if he remembered anyone coming to the house asking for me. Initially he said he had no idea, but then he texted me earlier and said he remembers someone coming to the house asking for [my name]. The guy asked if he knew me and asked if I was home. My brother said at the time he assumed it was for my father (same name). At the time, he was already estranged from my father, which is why he didn't tell him someone was looking for him (even though it was actually me).

On the service paperwork, it says they spoke with "male occupant behind door." It also said that the occupant confirmed he was 18 or older. My brother was 16 on this date, which according to NYS is an example of bad service ("If the papers are left with a doorman, or a child, or a mentally disabled person, this is bad service.").

He said he doesn't remember the person asking for his age, but wasn't positive. He said if he did ask, he wouldn't have lied. He would have told them he was 16.

Would it help my case if I had him fill out an affidavit, explaining his recollection of the incident and get it notarized?

If the judge is partial to this evidence, and concludes bad service took place, how would that typically effect the outcome?
 
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