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LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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I had my First knee surgery in 2001, when I was 17 and under

Customer Question

I had my First knee surgery in 2001, when I was 17 and under my parents insurance. I started working for the hospital in 2005 and in 2006 my wages started getting Garnished for THAT surgery. I told them that it was under my parents insurance and that I was a minor. that told me I was of age then and I had to pay it off. Well... it was payed off before I stopped working at the hospital. Now they are holding my state taxes for 2012 say I still owe $510. Stating that they sent me letters in the mail about it to a place I haven't lived at in 10 years. I DON"T have those pay stubs to show. what do i do?
Submitted: 1 year ago.
Category: Legal
Expert:  LADYLAWYER replied 1 year ago.

LADYLAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.
Customer :

are they allowed to go that far back?

LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
LADYLAWYER and 11 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

oh and thank you for helping me out!

Expert:  LADYLAWYER replied 1 year ago.

Hi again :) Thanks for leaving me a rating already. I appreciate it. Don't worry, I will help you for as long as you need it, Jenn. I see my original questions did not come through to you.

In order to garnish your wages or take your taxes, the hospital had to file a lawsuit against you. Do you ever remember getting served with one? You said they had an old address. Does anyone still live there that is a family member or friend of your and who would have accepted serve of the lawsuit on your behalf? With regard to what they are saying you still owe...can you tell me why you think you have paid them off already? In other words, what are you basing your figures on in regard to how much you think you owe them? Thanks Jenn!

Customer: replied 1 year ago.

No one in my family lives there. It was my old apartment. I was basing everything on when I started getting regular checks. I was fighting them on how I had to pay a bill when I was a minor and STILL in high school and living with my parents. I have not received anything from them just a letter stating that they were holding my state taxes for 2012. I remember it being payed off. but of course it was so long ago. They hospital that I worked at was bought out and they are saying that they don't have the records of my old paystubs. So now I have no proof. The surgery was from 2001.

Customer: replied 1 year ago.

I have lived in my house for 4 years and never received a letter from anyone about keeping my taxes. and I file EVERY year!

Expert:  LADYLAWYER replied 1 year ago.

Thanks Jenn. There are a lot of issues I see here. Being a minor may not be the biggest one, believe it or not. This is because minors can enter into contracts and be held liable if they were supplied with a necessity. Surgery often qualifies as that. The most glaring issue I see here is that a judgment was obtained against you without you having any opportunity to defend it. Now, since you did not do anything when your pay stubs started being garnished (thereby constructively learning of the judgment, even though in reality you may not have known), it may be too late to do anything.

However, at this point, you need to start off by calling the clerk of court in the county where you live (or used to live) and finding out if there is a judgment against you. You need to get copies of everything filed in the case. Then, you need to file a motion to set aside and vacate default judgment with the court/judge where the lawsuit was filed. In this motion, you will tell the judge that you were never served with the lawsuit and had no opportunity to defend yourself. I wouldn't mention that you knew your paychecks were garnished, but instead, that you just received a letter stating your taxes were being withheld. If the judge agrees to vacate and set aside the original default judgment against you, then the hospital will not be able to take your taxes. Because it is now way past the point of the statute of limitations on this debt, the hospital will not be able to refile their lawsuit against you. Please let me know if you have any further questions or need clarification on anything. I am happy to keep helping you!

Customer: replied 1 year ago.

My parents told me then that the insurance payed for it all as well BUT, they don't have that info anymore due to how long it has been. I will be heading to the court house now to see if they have anything. I just don't understand WHY they are holding my taxes NOW instead of doing that like 7 years ago.

Expert:  LADYLAWYER replied 1 year ago.

A person or corporation who has a judgment against another has up to 20 years to collect on that judgment. I cannot say why they are withholding your taxes now, as opposed to any year since they got the judgment, but this is very common. A lot of people and companies are trying to collect on past debts in order to boost their revenue due to the economic downturn. Unfortunately, this means there has been a rise in situations like yours as well, with the judgment creditors filing lawsuits, never serving people properly, getting default judgments against the defendants and then all of a sudden, garnishing wages or taking taxes without notice. As far as the court knows, you WERE served properly. So now you have to go back to the court and tell the judge that you were never served at all.

If you know what insurance company your parents had at the time on the surgery, then you should be able to get your records from them. Insurance pays a large portion of things, but they rarely pay all of it. Usually, it is anywhere between 70%-80%.

Customer: replied 1 year ago.

How fun! but would the insurance company have the record from 11 years ago?

Expert:  LADYLAWYER replied 1 year ago.

Yes, very fun. lol. The insurance company should have some sort of electronic record of what they paid out.

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