- 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.
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.