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Qestion about dentist filing case against me..

Discussion in 'Small Claims & Municipal Court' started by Faireegurl, Mar 13, 2009.

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  1. Faireegurl

    Faireegurl Law Topic Starter New Member

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    Hello everyone--have a question about a case a dentist filed with me.

    First off, I do owe him $200-maybe $250 now cause he keeps adding interest onto it.

    In approx. late june, early July of 08, I signed for a letter stating he was taking me to court for the above amount. The date was set. Since I never disputed I owed him the amount--layoffs and a higher mortgage payment kept me from even making the payment agreement I made with him--I didn't show for the hearing. (on top of the fact that the hearing was @ 8am, 30 miles from my house, 3 of my kids get on the bus @ 8am, and I have a 1yr old, and no one to watch him, with my husband taking our only vehicle to work that day) Basically, I figured that since I knew i owed him, they would enter a judgement, and take my taxes, since I'm a stay at home mom w/4 kids. I was fine with that, but they never ended up taking my taxes. When taxes came, we were so far behind on everything, that I couldn't pay it then, and they wouldn't accept anything but the full amount.

    Never heard a thing about it again until yesterday. I get a letter in the mail--that I didn't have to sign for this time--that said I have to show for a civil contempt of court hearing March 23, and if I don't show I'll have a warrant issued for my arrest. There were two stapled papers that came. The first had my correct address, and stated to take that paper with me to the hearing. The second was the motion to show cause paper, and on top of the address being incorrect on it, (the city was wrong, and the zip had 4 numbers) it said that not only did I not show for a discovery hearing on March 9, (which I knew nothing about), but that I failed to follow an order dated Jan. 5, 09. (Something else I know nothing about).

    When the first judgement was entered in July 08, I received a paper stating there was a judgement, and all that. After that, though, I never received anything about Jan 5., (I'm assuming that since an order was supposedly entered that day, that I was supposed to show for something on that date), or after Jan. 5 stating an order, and didn't receive anthing about a hearing on March 9, except when I got this letter yesterday saying I didn't show.

    I called the clerks number on the first page, and left a voicemail explaining that I haven't been getting all these orders and court dates, and that my address is wrong on the page. I still plan on calling back today.

    Can they really issue a warrant for me for a $200 dentist bill? Especially when I've only received a portion of the paperwork, and didn't willfully not show for these other hearings I knew nothing about? I'm just afraid that they're going to thing I'm lying about not receiving these other papers, because I'm sure people do it all the time, but the address is incorrect, and I didn't sign for anything but the very first one last year.

    What should I do? What do you think will happen? How serious is this really? I mean, I have a friend that has a $30,000 judgement on her for a heart surgery (her ex husband did some shady things with the ins. cause they were in the process of divorce at the time) and she's never had a warrant or anything like that for even that large amount. I've never been in trouble with anything before so I have no clue....

    I just called the clerk, and she said they delivered a notice to a house I haven't lived at since nov07, and actually the house burned last may. Then she said they went to another address that I've never heard of on the same road, and the man that answered said he didn't know me. Well, of course since I've never lived there! She said I have to furnish all my asset information, taxes, pay stubs, etc. Now, I don't work, (stay at home mom) and everything--the car, house, even the bank account is in my husband's name. So, do I have to furnish all that info since technically, its not mine?
    Last edited: Mar 13, 2009

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