Medical Default Judgement HELP PLEASE!!!!

[klyncher]

What is the name of your state? NJ
I recently discovered a medical default judgement for $892.27 (726.94+cost+int) entered 2 yrs ago in RI on behalf of Women &Infants Hospital. I was pregnant my husband and I were unemployed and couldnt continue paying $700 a month Cobra coverage from my previous job (resigned and relocated ). I couldnt afford any type of medical insurance.I was finally approved for the State insurance in February 2003 but they refused to pay my previous medical bills from 12/02-2/03 (was told their laws changed ).
I am in the process of buying a home (already paid huge deposit to builder) which I could lose due to this judgement ruining my credit scores which dropped nearly 150 points.

My main issue is that the collector/attorney office who served me 11/19/03 at my home while I was away which I still own in RI, but was received by my husband. I called the attorney promptly in 11/2003 as I received the summons and agreed to a payment arrangement in 12/2003 and verified with the courts that they had postponed the claim. THese are my issues with this judgment and would like to know what to do to get it VOIDED, VACATED or simply DELETED :

-I wasnt personally served, they wrote my husband's name wrong(his 1st name with my maiden name)
-Its reporting on my report as 11/19/03 rather than the 10/19/04 default entry date.
- I made payment arrangements with the attorney starting 12/15/03 with the sole purpose of avoiding going to court or to stop the judgement. I agreed to $1037 (base balance??+ attny fees??).
- My current balance due is now around $400 yet they're reporting the full judgement amount of $892 on credit report.They should have updated the balance.
-At one point when I was late they sent a notice and reminder on 12/31/04 threatening to pursue suit for judgement for original balance of ($726.94??) if I didnt bring account current. which I did. However, I just noticed that he account number on the notice is totally different. I know that the balance due included a combination of itemized accounts for the individual medical services rendered. So, I dont know if it matters or perhaps it was an error.
-I requested a court copy of the judgement and noticed a 2 count complaint issued on 11/28/03 where t hey're stating I owe $952.18 rather than the original amount of $892.27 so I am not sure what I owe or what balance am I paying.

I havent called the attorney office because I am so irate and dont really know what to say or ask. I suppose they're following the law???? and will say they didnt do anything wrong.

I need to know if they can pursue the suit even after I made arrangements. ??
-Do they need to notify me if they're pursuing the suit after an arrangement??
-Do I have grounds to vacate or void this judgement??
-Can they still pretend/deceive me with claiming the case/claim is active pending and use this as a threatening tool even after the judgement.


. Does anyone know about Void Judgements and the UCC (Uniform Commercial Code) I heard these are the laws/rules used by attorneys to fight judgements. I really need to get rid of this ASAP.
Thank you everyone for as much advice as you can provideWhat is the name of your state?

[punkin]

you are right ..no attorney is going to admit to unethical practices..but they are notorious for sending scare tactic letters...they think and or assume that their name and title intimidate you...intimidation is one of their best tools..i would first off plead my case to my states Dept of Consumer Affairs and tell them all you have told us here...you wll need cancelled cks etc to verify your claims...they will send you a complaint form ,you fill out and return to them with all documents they request and they contact hospital and or attorney..maybe both ..on your behalf and hopefully will help you get this cleared up..Dept of Consumer Affairs is not used often enough..they have helped us on several occassions...hope this helps...i dont think enough people are aware of and or dont understand what this agency does...its worth a try and a phone call....

[klyncher]

thanks for your response, I will try it . I have no other choice at this point. thanks again!!

[punkin]

sure hope its helps...let me know i goes

[debtcollector`]

Sigh...

Originally Posted by klyncher

What is the name of your state? NJ
I recently discovered a medical default judgement for $892.27 (726.94+cost+int) entered 2 yrs ago in RI on behalf of Women &Infants Hospital.

You recently discovered it? you didn't discover anything, you ignored your debt.

Originally Posted by klyncher

I was pregnant my husband and I were unemployed and couldnt continue paying $700 a month Cobra coverage from my previous job (resigned and relocated ). I couldnt afford any type of medical insurance.I was finally approved for the State insurance in February 2003 but they refused to pay my previous medical bills from 12/02-2/03 (was told their laws changed ).

So what. You quit your job. That's your problem.

Originally Posted by klyncher

I am in the process of buying a home (already paid huge deposit to builder) which I could lose due to this judgement ruining my credit scores which dropped nearly 150 points.

That's what happens when you don't pay your bills.

Originally Posted by klyncher

My main issue is that the collector/attorney office who served me 11/19/03 at my home while I was away which I still own in RI, but was received by my husband. I called the attorney promptly in 11/2003 as I received the summons and agreed to a payment arrangement in 12/2003 and verified with the courts that they had postponed the claim. THese are my issues with this judgment and would like to know what to do to get it VOIDED, VACATED or simply DELETED :

So, what you are saying is that you waited until you were sued and then made payment arrangements so you wouldn't have to go to court. I assume you didn't go to court. Bad choice. My dollar to your dime they got the judgment anyway.

Originally Posted by klyncher

-I wasnt personally served, they wrote my husband's name wrong(his 1st name with my maiden name)

That's silly. You were served.

Originally Posted by klyncher

-Its reporting on my report as 11/19/03 rather than the 10/19/04 default entry date.

I'm sure they'll be happy to make hte correction on your credit report.

Originally Posted by klyncher

- I made payment arrangements with the attorney starting 12/15/03 with the sole purpose of avoiding going to court or to stop the judgement. I agreed to $1037 (base balance??+ attny fees??).

Well, apparently you didn't go to court.

Originally Posted by klyncher

- My current balance due is now around $400 yet they're reporting the full judgement amount of $892 on credit report.They should have updated the balance.

The judgment isn't satisfied until it is paid in full. You aren't in collecitons anymore -- but then I think you are starting to realize that.

Originally Posted by klyncher

-At one point when I was late they sent a notice and reminder on 12/31/04 threatening to pursue suit for judgement for original balance of ($726.94??) if I didnt bring account current. which I did. However, I just noticed that he account number on the notice is totally different. I know that the balance due included a combination of itemized accounts for the individual medical services rendered. So, I dont know if it matters or perhaps it was an error.

This is getting convoluted enough -- hire an attorney.

Originally Posted by klyncher

-I requested a court copy of the judgement and noticed a 2 count complaint issued on 11/28/03 where t hey're stating I owe $952.18 rather than the original amount of $892.27 so I am not sure what I owe or what balance am I paying.

Hire an attorney.

Originally Posted by klyncher

I havent called the attorney office because I am so irate and dont really know what to say or ask. I suppose they're following the law???? and will say they didnt do anything wrong.

They aren't your attorney. Hire your own.

Originally Posted by klyncher

I need to know if they can pursue the suit even after I made arrangements. ??

They already did.

Originally Posted by klyncher

-Do they need to notify me if they're pursuing the suit after an arrangement??

They already did

Originally Posted by klyncher

-Do I have grounds to vacate or void this judgement??

You don't have the capacity to vacate or viod anything. I don't think you have the capability to represent yourself in court. Hire an attorney.

Originally Posted by klyncher

-Can they still pretend/deceive me with claiming the case/claim is active pending and use this as a threatening tool even after the judgement.

Not sure what your asking. Or even if you know.

Originally Posted by klyncher

Does anyone know about Void Judgements and the UCC (Uniform Commercial Code) I heard these are the laws/rules used by attorneys to fight judgements. I really need to get rid of this ASAP.

Attorneys can use many points to argue for their clients. Not trying to be insulting, but you are not an attorney. Why set yourself up to lose the case? I wouldn't hire an attorney to fix my plumbing, but I wouldn't hire a plumber to represent me in court.

Hire an attorney to help you sort this out and pay your bill.

DC

[Ladynred]

My main issue is that the collector/attorney office who served me 11/19/03 at my home while I was away which I still own in RI, but was received by my husband. I called the attorney promptly in 11/2003 as I received the summons and agreed to a payment arrangement in 12/2003 and verified with the courts that they had postponed the claim

Did you get that 'arrangement' in WRITING ?? If not it meant nothing, really.
What you LIKELY 'agreed' to was a stipulation/confession to judgment. Which means they really get the judgment, but as long as you pay faithfully, on time, every month, it won't show up as recorded or on your reports. They also hold up on other enforcement methods as long as you keep your end of the 'agreement'.

-I wasnt personally served, they wrote my husband's name wrong(his 1st name with my maiden name)

Pretty much irrelevent, you WERE served at your last known address.

-Its reporting on my report as 11/19/03 rather than the 10/19/04 default entry date.

11/19/03 is probably the day the won in court for the default. It's not incorrect.

- I made payment arrangements with the attorney starting 12/15/03 with the sole purpose of avoiding going to court or to stop the judgement. I agreed to $1037 (base balance??+ attny fees??).

It didn't stop anything and if the agreement wasn't in writing it was basically non-existent. A judgment accrues STATUTORY interest ON TOP of the amount they sued you for + court costs and attorney's fees. You've got more to pay than your hospital bill and it's growing.

- My current balance due is now around $400 yet they're reporting the full judgement amount of $892 on credit report.They should have updated the balance.

There is no requirement that they report anything at all and the entry won't be updated until it's paid off.

-At one point when I was late they sent a notice and reminder on 12/31/04 threatening to pursue suit for judgement for original balance of ($726.94??) if I didnt bring account current. which I did.

And that's when YOU breached the "agreement" . They didn't have to sue you again, all they had to do was execute on the existing judgment.

However, I just noticed that he account number on the notice is totally different. I know that the balance due included a combination of itemized accounts for the individual medical services rendered. So, I dont know if it matters or perhaps it was an error.

Doesn't matter, they have the judgment, too late to argue about what's in it now.

-I requested a court copy of the judgement and noticed a 2 count complaint issued on 11/28/03 where t hey're stating I owe $952.18 rather than the original amount of $892.27 so I am not sure what I owe or what balance am I paying.

You are paying what they sued you for, plus attorney's fees, + court costs + statutory interest - at least.

I need to know if they can pursue the suit even after I made arrangements. ??

See answer above about your 'arrangement'.. they're not pursuing a suit, they are enforcing the judgment they already had.

-Do they need to notify me if they're pursuing the suit after an arrangement??

No. Ditto again.

-Do I have grounds to vacate or void this judgement??

Nope.

-Can they still pretend/deceive me with claiming the case/claim is active pending and use this as a threatening tool even after the judgement.

Deceive you ? The judgment IS ACTIVE, they can enforce it with further actions such as garnishment, bank levy, liens on property and siezing non-exempt property. They can keep threatening to enforce their judgment any time they want.

Just pay the thing and get it over with and get on with your house.

[klyncher]

Wow!!! I didnt expect so much sympathy and humanity "ladynred" and "debtcollector".
If we all could learn from you and be as perfect and distinguished citizens with absolutely no complex as both of you, we would have a " hell" of a world!

For anyone else who is mature and dont get a kick out of ridiculing others to show off and boost their ego via this forum , then I would ask if you can provide me with constructive or legal advise and withhold any personal and condescending opinions.

My main issue now is whether they can legally deceive and pretend they didnt proceed with the judgement to make me continue the payment arrangements.If they thought I breached the contract and not worth working with then they could have proceeded to try their other various collection methods (garnishments,lien,etc).

One of the notices read:
"as you are aware, we filed a lawsuit against you which is still pending and active. You made a promise to make regular payments in order to satisfy this balance of $746.21 with the understanding that we would hold further court action. Unless your payments are brought current by 1/10/2005 we shall contiue with the lawsuit to collect the balance "
I did bring my account current as requested, but this notice was issued after their judgment date of 10/19/2004. So I am just curious to know if they can do this.

Please advise.

note:For those few people who can figure out that most of the people who seek out this forum cant afford an attorney... If I could afford one I would have instead used the attorney fee and simply pay off my debt and moved on. I dont like feeling deceived , however if the attorneys did act within the law then I will simply have to accept it and move on.
Thank you for any assistance!! .

[Chien]

Clearly you don't like the tone of the responses from DC and LNR but that doesn't mean they're wrong.

I too suspect that, if your agreement was in writing, it was a Stipulation (a Confession of Judgment is used before suit is started and a Stipulation after).

As stated, if it wasn't in writing, it means nothing and carries the potential for errors on both sides. If it was in writing, you waived any objections you had to service.

With apologies for repetition, I also think you could have used an attorney but the expense would do you no good now, if you could incur it. I can't imagine how the UCC would be relevant, and you want to VACATE the judgment, and I don't see grounds.

If there are grounds, they are contained in the Stipulation, if there is a Stipulation. You would have to determine if they violated any commitments undertaken to refrain from seeking judgment in the event of a payment default.

Nobody is condoning a breach of ethics, if there was one, but you haven't shown that there was. And even the notice date/judgment date is not conclusive. They could agree to vacate a judgment, once entered.

As a matter of fact, that would be my suggestion to you. Find a way to pay off the remaining balance, preferably in a lump sum, on condition that they now voluntarily vacate the judgment. It can be done and you have nothing to lose by asking.

[Ladynred]

Well, I"m sorry you didn't like the tone of my post, it wasn't meant to be anything but straight answers.

My main issue now is whether they can legally deceive and pretend they didnt proceed with the judgement to make me continue the payment arrangements.

And I will reiterate, they are not 'deceiving' you. The letters you are getting are 'canned', a lawyer does not sit down and write out each individual letter to each case they have. Some secretary or paralegal plugs in the numbers and the few bits of personal data and the rest is a form letter.

To make you continue ?? You already breached the agreement once, if you don't keep paying, they will go forward with other methods to collect. Their verbage about 'continuing the lawsuit' is nothing, the lawsuit is complete and they have the judgment - it's their choice whether or not to go forward with enforcement.

[debtcollector`]

Originally Posted by klyncher

Wow!!! I didnt expect so much sympathy and humanity "ladynred" and "debtcollector".

Why would you expect sympathy from me? You quit your job and moved. That was your choice. You dropped your insurance coverage. That again was your choice. You chose to get state funded insurance, which means the working, bill-paying citizens get to pay for you. And you expect sympathy because you didn't pay your bill?

Originally Posted by klyncher

My main issue now is whether they can legally deceive and pretend they didnt proceed with the judgement to make me continue the payment arrangements. If they thought I breached the contract and not worth working with then they could have proceeded to try their other various collection methods (garnishments,lien,etc).

Nobody is deceiving you -- except perhaps yourself. Yes, they and most likely will proceed with every option available to them under the law.

Originally Posted by klyncher

note:For those few people who can figure out that most of the people who seek out this forum cant afford an attorney... If I could afford one I would have instead used the attorney fee and simply pay off my debt and moved on. I dont like feeling deceived , however if the attorneys did act within the law then I will simply have to accept it and move on.

So accept it and move on.

DC

[klyncher]

LnR/Punkin/Chien, Thanks for the constructive advise.
You're right , although I may think or feel they're stringing me along to believe they wouldnt sue as long as I paid, my failure to abide to their payment terms permitted them to pursue the suit as they obviously have. I may not appreciate their scare tactics but I have to take responsibility and now have to bear the consequences realizing that some attorney offices do conduct business and use tactics like collections agencies. Lesson well learned!!.

Because you're special "DC" ...... I must commend you for your ignorant comments which are clearly a reflection of how you truly feel about yourself. You're obviously a lonely person, with limited culture, a social skills and with no life outside this forum and with very low self esteem. You constantly prey on victims/posts on this forum to ridicule for your own personal gratification.
FYI: I dont know where you come from , but I have continuously paid taxes for over 18 yrs and continue to do so, even though I dont work for an 'employer' or have employer paid medical insurance. And get this one ( big shocker!!!) Not everyone that works earns enough to pay taxes(poverty level) or chose to pay taxes ,also some of your victims really cant afford to pay all their bills. OH!!! (perhaps you can be their mentor)
So, you see I know I've more than earned MY state insurance which I chose to use for my pregnancy. I will soon be paying for your pension !

I'm also very very very disappointed at you DC , you need to get off this forum,read a book( with script) ,or simply get out of your dungeon and meet 'real' people. We dont bite
From you infinite posts on this forum, I can see you're a lonely person, with limited culture, social skills and clearly enjoys belittling others for your personal gratification. You cant help yourself from making unconstructive personal attacks and sny comments which serve no benefit,purpose or help to the person posting a question.
You obviosly love this forum, because it makes you feel quite important by passing judgement against most innocent undeserving victims of whom you have no idea about their life circumstances or "choices" made/ forced upon which has brought them in contact with characters like yourself.
I must congratulate you though, specifically on your "choice" to get into collections. We need you right there DC, God forbid you had become educated or a Doctor, a Lawyer, teacher, a pilar of your community , or simply a person with humane qualities.
.
DC. Keep up the great work!!.

[anteater]

Originally Posted by klyncher

What is the name of your state? NJ
I am in the process of buying a home (already paid huge deposit to builder) which I could lose due to this judgement ruining my credit scores which dropped nearly 150 points.

What kind of BS are you trying to peddle?

[debtcollector`]

Originally Posted by klyncher

You're obviously a lonely person, with limited culture, a social skills and with no life outside this forum and with very low self esteem.

Shucks. That explains why you are the one with judgments and I am not. Perhaps, I ought to stop paying my bills and go explore "culture".

Originally Posted by klyncher

You constantly prey on victims/posts on this forum to ridicule for your own personal gratification.

Actually, I try to post factually accurate information and inform people how to resolve their issues. Some are abused by bad collectors and need to learn about their rights and I am glad to help them. Others, like yourself, are simply looking for validation of their poor life choices. I don't do that

Originally Posted by klyncher

FYI: I dont know where you come from , but I have continuously paid taxes for over 18 yrs and continue to do so, even though I dont work for an 'employer' or have employer paid medical insurance.

Great. Get a job, pay your bills, become a responsible member of society.

Originally Posted by klyncher

And get this one ( big shocker!!!) Not everyone that works earns enough to pay taxes(poverty level) or chose to pay taxes ,also some of your victims really cant afford to pay all their bills. OH!!! (perhaps you can be their mentor)

Sure. It's quite simple really. Spend less than you earn.

Originally Posted by klyncher

So, you see I know I've more than earned MY state insurance which I chose to use for my pregnancy. I will soon be paying for your pension !

See what. You haven't earned anything by spending (your words) 18 years scraping by at below poverty level working for yourself. We won't even go into the moral implications of having children you can't pay for.

Originally Posted by klyncher

I must congratulate you though, specifically on your "choice" to get into collections. We need you right there DC, God forbid you had become educated or a Doctor, a Lawyer, teacher, a pilar of your community , or simply a person with humane qualities.

Hmm. Education -- MBA 2002. I have taught classes at the community college level. Right now I don't have time do to my business. Pilar [sic] of my community ... I volunteer with the Coast Guard Aux, United Way and the Humane Society. What do you do?

Originally Posted by klyncher

DC. Keep up the great work!!

I will. Thanks for re-enforcing my opinion of you.

[klyncher]

Originally Posted by anteater

What kind of BS are you trying to peddle?

sorry Genious, I meant to say : Paid a measly $20k down payment..I got to remember to post evidence (picts,cks,docs,etc) when trying to convince characters like. thanks for the BS correction from a member of the DC club.

[Ohreallynow?]

Originally Posted by klyncher

sorry Genious, I meant to say : Paid a measly $20k down payment..I got to remember to post evidence (picts,cks,docs,etc) when trying to convince characters like. thanks for the BS correction from a member of the DC club.

You know, here is the "klyncher" dude, If the Lady and Debtcollector were not human and kind people they would have ignored your post and not given you any advice at all.

You are really lame to think that you were going to get tea and sympathy. Just take their advice and go cry on somebody else's shoulder.

I think they give up enough of their time and intelligence and don't have to listen to you whine.

Jimininy crickets, if I were them I would delete my posts just because it had valuable information in them, and you do not deserve it.