I have a frustrating problem, I will try to make this as short as possible. Back in 2000 my girlfriend (Now decesed) had our child at a hospital. She later past away 11 months later. About 5 months afterwards a sheriff came knocking at the door to serve her papers for an unpaid medical bill from the attorney general. I showed the sheriff the cirtificut of death but was given the papers anyway and asked to call them. Which I did. I told them she did have insurance and I gave them her insurance information and left it at that. About 6 months later the same sheriff came to my door except now he was serving me with the same papers they tried to serve her with. I signed for them and immediatly contacted the Attorney General and asked why they put her bill in my name?, we were not married and I have no legal obligation for her debts. They wanted additional insurance information. Which I gave them everything I had left once again. I said if you need anything else please call me immediatly. I will see what else I can do. Due to privacy laws obtaining medical information even medical insurance information is next to impossible being we were not legally married. Never hearing back from them I thought it was over. Next thing I know, in 8/2003 they had placed a judgment on my credit for her bill! I was and still am furious about this. How can they charge me for her medical expenses when we were not even married. On top of wish she did have insurance. I then called them once again, to demand this judgment be taken off of my credit file. This is not my bill it is my decesed girlfriends bill and we were never married. They wanted even more insurance information but now on our child. I told them the insurance was in her name she had the policies and I can not get access to the records due to privacy laws. But I thought and told them I would get right back to them. I contacted our childs doctor to see if they had anything on file from when she was first born or at the first appointment. They were very helpful and even faxed me over a copy of the insurance card. I immediatly called them back up and gave them the new information that I was able to obtain. I again told them I want this judgment off of my credit and if there is any problem with the insurance contact me right away. Which of corse they never did. So I started to dispute it with the credit bureau's. They said the information in the judgment is accurate. Now 2/2004 I am starting to get seriously ticked that this judgment is on my credit. It has caused me to be denied loans, credit line increases, and a whole assortment of credit challanges I never had before. So I decided to start challenging the Attorney General myself. After plenty of research on the web, I wrote my letter to them demanding a copy of the file they have on me. I just received a reply on Friday 3/4/2004. This one I really love. The bill is not for my decesed girl friend it is for the birth of the child. At no time did anyone ever disclose that to me. Not in the papers that were served to me, not in the papers that were files in the Supreme Court, Nothing No Where. It said the bill was for BG PATRICIA <LASTNAME> It was not untill I read the letter attached with my request was BG un abbrivated. BG means Baby Girl. It is an abbriviation that hospitals use. Which I confimed with the hospital the same day. But now is the only time that little tid bit of info revealed to me. But also looking at the record the hospital never attempted to collect the debt from me. All of there billing inquiries went to Patricia <LASTNAME> which I never seen. When received I wrote decesed on the envelope and sent it back. But again no where was BG ever shown or explained to me. Nor was it ever in any of the papers I was served nor any of the papers that were filed with the court. Now do not get me wrong I still do beleive she had insurance for our child. But I fully understand that I am the primary person responsible for the amount in the event insurace does not pay. I have no problem with paying the debt what I do have a problem with is the unfair method of collection. I was never billed by the hospital, I was never told this bill was for the child and not for the mother (my girlfriend.) and now that I know the truth, I am being hit with legal fees and intrest which more then doubles the original amount that was billed. I also tried hiring an attorney to help me fight this and he had told me it would cost 5-10k just to fight it and there would not be any gaurentee's. He suggested I fight this on my own by filing a motion to vacate a judgment, and a motion to show just cause. I contacted the Supreme Court and they told me I have to write up a disposistion on my own and file it. HUH? I have no idea how to do that. Well then go to your library ans ask for the NY Statute section and work from there. Good luck <Chuckling under his breath.> and hung up the phone. Well maybe if I had 20 years I could read that whole section of the library. But I don't. That is not justice in my eyes. I tired reading the Fair Debt Collection Act, but I dont know what would apply to this situiation.. Can anyone help?!?! PLEASE?!?!?!
James
James
