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

Discussion in 'Medical Bills, Debt' started by DPool34, Oct 25, 2020.

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  1. DPool34

    DPool34 Law Topic Starter New Member

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    I know. The whole same name situation didn’t even factor into my mind until I started racking my brain, trying to understand how no one in the house told me this or gave me any relevant documents. The middle initial was never used on any of the paperwork.

    I actually confirmed with my younger brother that he does remember someone coming to the door asking if [my name] lived there and if he knew me. That explains why the paperwork said “male occupant behind door.” However, the paperwork also says that the occupant was 18 or older. My brother just turned 16 on the date of this encounter. My brother said he doesn’t remember him asking for his age, but wouldn’t have lied if he did. According to NYS, this may be considered bad service: “If the papers are left with a doorman, or a child, or a mentally disabled person, this is bad service.”

    He never told me because he assumed it was for my father. He didn’t tell my father because he was and has been estranged from him.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Your brother will have to go to court and testify. A piece of paper cannot be questioned by the other side. The opposition will object to it and likely get it ruled inadmissable.
     
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  3. zddoodah

    zddoodah Well-Known Member

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    I disagree. Courts virtually never hold evidentiary hearings to decide civil motions. Instead, they are decided based on sworn affidavits/declarations.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    DPool, bring the brother or bring the piece of paper. Do what you think is best and roll the dice.
     

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