bizarre default and what to do about it.

[mycorrado]

Someone I am helping had a small medical collection due to his insurance not paying timely.

During the collection process the insurance did pay the doctor, but they failed to remove the debt from collection.

the CA sued and at the first hearing the defendant brought all the documentation showing the debt was paid, and the attorney agreed to continue to the case until she researched that it was in fact all paid. She told the defendant he would get another notice if there was another court date. he never did.

Another court hearing was held and the attorney won a default, knowing full well the debt had been paid to the original creditor. Now the CA garnished wages and paid herself.

Is this egregious for a lawyer to pursue the suit when she had been presented facts of it being paid? not notifying the defendant of the contuance date?

I sugested to them to try to get it vacated. complaint to the bar?

Also, the normal fdcpa violation can be pursued for them never receiving a letter with the obtion to validate the debt. I assume these can be pursued regardless of the lawsuit and its post judgement status.

Also ultimately the Dr's office committed a violation for continued collection on a paid debt so can they go after them for a refund for the garnished wages right?


Thanks for your input!!!

[jjgross]

You should seek legal advice.On the letter they said they didn't get.It boils down to he said she said.However by knowing the bill was paid,it shows dishonestly on the ca side (what's new with that).I think you should suit,and get the judgement vacated.:)

[mycorrado]

Interesting new tidbits here..

I was reading around and it seems that threatening wage garnishments in excess of federal restrictions is a violation.. What happens after the fact when they garnished more than the federal guidelines? is it an FDCPA violation?

Also, This stems from a medical bill. When a patient signs a medical form stating they are responsible for the debt if the insurance doesn't pay, does that allow an attorney to recover fees? From what I read it does NOT, yet the scumbag sued to collect 300 in fees for a 100.00 medical bill.. FDCPA violation?

Thanks in advance.

mycorrado.

[mycorrado]

Also, I don't think they were notified in advance of the garnishment, but I have to check with them on that.

[nascar]

I sugested to them to try to get it vacated. complaint to the bar?


Yes, both. But, make sure you have all your facts straight first.

[mycorrado]

Sure thing, will do!

[tempteroffate]

If the garnishment occurred in Colorado, they don't have to notify you first. They serve your company's payroll department. Your company's payroll department should, as a courtesy, notify you, but there is no legal requirement for them or the judgment holder to contact you prior to garnishment (I know because it happened to me).

[mycorrado]

Interesting, thanks!

There's got to be something they did wrong, I'll keep digin :)

[mycorrado]

spammer.,.