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Body Attachment/Oral Exam

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stuboss08

Junior Member
What is the name of your state (only U.S. law)?

Maryland

My significant other is a very sick woman. Last Oct, men came to my door with a body attachment for her (we live together) due to a case where she was sued by a hospital for non-payment of medical bills. At the time, she was on her death bed (they literally were not expecting her to live) IN the hospital who sued her.

The men said that an Oral Exam should be scheduled, however, at the time, she was intibated (sp?) (tubes down her throat). I had not heard a word since.

After some time, she recovered and in December '07, she was deemed well enough to return home. She's been home since, though very weak and ill most of the time.

Neither of us had thought of the "body attachment" or "oral exam" for quite a while because we hadn't received a bill from the credit collector, nor had we received anything in the mail from the court.

Things changed, however, when I received a phone call today from one of the men who had come to serve the "body attachment" last October. He was phishing for information regarding her whereabouts and not offering any information that could potentially help her/us in return. I came to find that after he told me that he'd check with his supervisor and call me back in five minutes, he went to my house to try to pick up her up and take her in. Fortunately, she wasn't there, but had been taken by a neighbor to a doctor's appointment.

The question now is, how do I find out what Judge I need to contact to explain what's been going on, so that he/she knows this person hasn't been "hiding"? I'm afraid that if I take her to the courthouse to try to get information, they'll detain her. The problem with this is that, aside from going to doctor's appointments, she is totally, completely, and permanently disabled and is bedridden (has ostemy, neucrosis of most joints, chronic pain, on medication for depression, etc.).

I guess what would also be helpful to know is if I may do what is required to get her an "oral examination"? If so, what must I do?

Thank you,

SK
 


seniorjudge

Senior Member
Can you pay on the judgment?

That's what the oral examination is supposed to reveal.

Have you tried calling the lawyers for the creditor? Tell them you want to work something out.
 

stuboss08

Junior Member
Thank you for the prompt response!

I don't have any information regarding the lawyer(s).

We haven't received anything in the mail from the credit company, lawyers, or the court. One would think that if the sheriff's deputies (I'm guessing that's who came to the door) have my phone number, the lawyers/creditor has it. Once again, I am not "hiding." I would like the information, so that I may address this matter directly. Notice that I have not expressed my opinion regarding the underhandedness of the collector's ways (until now) because I just want the matter resolved while protecting the patient's health and well-being.

Being that she has mostly bad days when she's home with her meds and those few foods that she can tolerate, I can't fathom her spending a minute in the custody of the state (reference the case of Kevin Keith Callenback - New Jersey/Pennsylvania 2008 - I DO NOT WANT HER DEAD)!

Thus, I would like to arrange an Oral Exam. She has a very small fixed income from Social Security/Disability and no other assets.

Ideally, if I thought it would do any good, I would like this case go back to a full "trial," to illustrate to the community how ridiculous it is to aggressively pursue one who is virtually helpless and without assets and near the end of their life on this planet!

I would like to order a full audit of the account by an independent body to see where these fantastic charges come from when Medicare was to pay the bulk. I put forth that one would see that the hospital/doctors have woefully overcharged for their materials and services and should, themselves, be put on trial for taking advantage of the system. Can I do this?

Thanks,

SJ
 

seniorjudge

Senior Member
There has been a judgment against her or she would not be threatened with a body attachment.

Go to the courthouse and buy a full copy of her file.

The info on the lawyers who filed this will be in that file.

Call them.
 

stuboss08

Junior Member
Body Attachment

I'm sure you can tell I was getting angry.

Thank you for sticking to the particulars.

I will go to the courthouse and "buy" her file.

May I simply go to the courthouse and "buy" another's file?

Again, until I know that they will not incarcerate her, I refuse to give any further information regarding her whereabouts. In fact, I will actively defend her.

Thanks,

SJ
 
SJ,

The creditor asked for the exam because they want to collect the judgment and need to find out if that is possible - what assets exist, for example. Does this person by any chance own a house, or is there some other asset that would make a creditor think that she could pay? Typically, creditors' attorneys only act this aggressively when they think there is a chance of recovery.

When there was no response to the request for the exam, they sought to compel attendance at the exam. That's how the attachment got issued.

The problem is that the attorneys for the creditor are acting in the dark, because they haven't heard from her. They obviously think she is hiding information; while you just as obviously know that there is nothing to hide; however, until everybody is on the same page, the efforts will continue.

Get the file, as suggested. Call the attorneys. Explain the situation, and provide whatever documentation they want - SS statements, bank statements, etc. Your best shot to end this is to explain the situation and document it. If that isn't sufficient, let them take have the oral exam at a convenient time and place. Get a commitment from them, in writing, that they will not have her arrested if you produce the documents and/or allow the oral exam.

Good luck. Post back and update us.
 

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