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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33730
Experience:  Attorney with 15 years experience in various consumer protection areas
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8 years ago my husband had a heart attack in 2008 and had to

Customer Question

8 years ago my husband had a heart attack in 2008 and had to be in a helicopter from Baptist hospital at Jacksonville Beach to the downtown Jacksonville facility. the helicopter company charged us 10000 to do it. I was paying it for a while to a company called Rocky Mountain holding company out of Colorado. I noticed they were charging interest.
I stopped paying them because after 3 years of paying them the balance owed was 13520.
Last August we were served with papers saying there was going to be a judgment against us for the balance of 8885.10. I didn't understand why all of a sudden the balance went down but called and arranged to make a 500 payment, then 150 monthly payments
that was paid til April of this past year when my husband had to have a pacemaker and defibulator put in. this is after two more heart attacks he had since 2008 and has copd very bad that he uses two types of oxygen to sleep at night. He was off work this last time for 5 weeks. because of that I got way behind on all my bills and even lost our health insurance. I finally got all the bills caught up. I had tried to call this collection agency but only got voice mails and no return phone calls
today we received another notice saying there will be a judgment against us for the balance left to pay of 7285.10
my husband's health is not good and this certainly doesn't help
Is there anything I can do
Submitted: 3 months ago.
Category: Consumer Protection Law
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Have you actually been served with any type of summons to go to court?

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thanks

Barrister

Customer: replied 3 months ago.
no not this time we received the summons last year. we received the letter in mail today saying the final judgment package has been enclosed for your honor approval
Customer: replied 3 months ago.
please call me during the day or tomorrow(###) ###-####
Expert:  Barrister replied 3 months ago.

Ok, then if they have actually sued you in court, then they can collect on any judgment. If you received a summons last year, and you didn't respond to it, then they would have been able to get a default judgment for whatever they asked for. You have to fight a lawsuit in order to have a chance to win it.

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So if they actually got a default judgment, then they can pursue collection of the amount of the judgment minus any payments.

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I would suggest contacting the local court clerk to see if they actually got a judgment against you and if so, you would need to work out a payment plan to pay off the balance of the judgment or possibly file bankruptcy to discharge the debt.

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thanks

Barrister

Customer: replied 3 months ago.
last year when we got the summons we responded to them and the payment arrangement was set up then that we were paying until April when I got way behind on all my bills they can still use the original summons to put the judgment against us?
Expert:  Barrister replied 3 months ago.

If you didn't respond to the summons and go to court to defend, then they would have gotten a default judgment against you.. You have to go to court to fight a case and try to defend. If not, then they likely got a default judgment against you and are now legally able to try to collect on that judgment.

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So the only option now is bankruptcy or entering into a payment plan with them.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 3 months ago.
thank you for your time
Expert:  Barrister replied 3 months ago.

You are very welcome. Glad to help even if the news is kind of lousy...

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thanks

Barrister