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Attorney/Collector for local health clinic served summons on

 
Attorney & Counselor at Law's Avatar
  • Answered by:Attorney & Counselor at Law
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Customer Question

Attorney/Collector for local health clinic served summons on me March 2008 I do not go to this clinic so I wrote letter to attorney requesting itemize bill no response. On July 27, 2009 my employer received garnishment papers for me. There has been no other communication with attorney. This bill belongs to my 32 year old daughter and/or my ex-wife of 6 years. What should I do

Submitted: 1025 days and 9 hours ago.
Category: Legal
Value: $28
Status: CLOSED

Accepted Answer

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Expert:  Attorney & Counselor at Law replied 1025 days and 9 hours ago.

Hi

This is a difficult situation.

When you received the summons from the attorney, you were legally obligated to respond to the summons as demanded. Usually, that means filing a written response with the court and sending a copy to the plaintiff.

The fact that you wrote the plaintiff's attorney a letter does not excuse your legal duty to formally answer the summons and complaint.

If you did not file an answer, the plaintiff can win automatically in what is know as a default judgment.

After the judgment is secured, the plaintiff can use any legal means to collect, including garnishment.

Your best option is to try to overturn the default judgment. This is hard to do because judges are very reluctant to overturn a default when the defendant did not have a good reason for the failure to file an answer. Good reasons may include an extreme medical condition that prevented the answer from being filed.

The fact that your letter to the attorney was ignored is probably not enough to overturn the default judgment.

Is possible, you should retain a local attorney to assist you in your motion to overturn the default judgment.

If you need an attorney referral, please see this resource:

http://www.abanet.org/legalservices/lris/directory/

I hope my answer helps with your understanding. Good Luck!

Expert TypeAttorney
Pos. Feedback: 98.6 %
Accepts: 278
Answered: 7/31/2009

Experience: Corporate, Entertainment & Trial attorney with large law firm & Fortune 500 client experience.

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