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Can I sue Rehab Center for wage garnishments?

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callie212

Member
What is the name of your state? New York

A few years ago, my boyfriend at the time went to an in-patient rehab for 21 days. We had medical insurance through my employer (they covered domestic partners). The insurance covered 90% of the services. After he came home, he received a bill for about $1,500, which was the remaining 10%.

He never paid the bill and it was eventually sent to a collection agency. Actually, it was an attorney's office that handles debt collection. The collection agency eventually starting mailing notices in the mail with my name on them as well. Since we lived together, they knew my address. I assume they knew my name from the insurance company; at least that's what I suspect.

During the time that we were receiving these letters, I never opened most of them because I was myself preparing to file bankruptcy, however we saved everything we were sent. If I did open any of them, I ignored them without paying attention which company they were for.

One day, I received a letter in the mail saying that I was going to have my wages garnished for this debt. I don't even see how they could have considered this debt mine. We weren’t (and aren't now) married, and I didn't sign anything with the rehab. I only was the primary insurance holder with the insurance company.

When I called the number to the collection agency, the representative told me that they processed a judgment against me due to "non-response". Basically, he said to me that because I never responded to their attempts to contact me, they were able to file a judgment. I asked him how he could do this when the debt didn't belong to me and he then went on to say that it didn't matter and that if they contacted Joe Schmo about my boyfriend's debt, and he didn't respond, he'd have a judgment as well.

Months later, when going through my boyfriends mail and paperwork, I found at least 20 different letters addressed ONLY to him that upon opening the letters, they said “Dear {BOYFRIENDS NAME} AND {MY NAME}:”. I wouldn’t have opened these letters since they weren’t even addressed to me.

There wasn't anything I could do at this point but try to get my bankruptcy in before they started to garnish my wages. My lawyer said the best was to deal with it for now is to put it on the bankruptcy and if they took any money, that I could sue them for it later.

I'm afraid that because I filed bankruptcy on it, that I acknowledge the debt and I'm responsible. They ended up taking about $300 from my wages before it was stopped. Also, my bankruptcy report does list it as a disputed item.

Is this worth my time and effort? Also, do I even have a chance?

Thanks in advance.
 


Zigner

Senior Member, Non-Attorney
Amazing - how can you ignore things to the point of having a *judgment* entered? You may want to review the documents related to this case with a lawyer to see if they gave proper service upon you. Even at that, I don't know what (if any) time limits would apply.
 

callie212

Member
Amazing - how can you ignore things to the point of having a *judgment* entered?
I only opened things I knew were utility bills, cards, etc. Anything that appeared from a collection agency, I put in a box in my closet. Most of the time I didn't open them.
 

callie212

Member
The rehab services were from 2000. I don't know when we started receiving bills for it, I remember there were a bunch of billing problems because we did open a bill at one point that was around $15,000. I don't think I got a bill for $1,500 until sometime early 2003. The garnishment took place in November 2004.
 

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