How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
71563194
Type Your Legal Question Here...
CalAttorney2 is online now
A new question is answered every 9 seconds

A laboratory sue under an HMO contract sue a clinic

Customer Question

A laboratory sue under an HMO contract sue a clinic Administrator for unpaid lab bills not paid to them by the HMO, because the rendering provider had died and they were not informed. They continue billing for years using the dead doctor as a result were not paid for the services. they sued and obtain a judgement by default, the Administrator was not aware until she was giving a bench for failure to show up for debdor examination. Can she fight the case
Submitted: 11 months ago.
Category: Legal
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

It is possible to make a "motion to set aside default" if you were not properly served with the original summons and complaint.

The California Courts have a helpful self-help site that guides you through the process: http://www.courts.ca.gov/12726.htm (note: the site gives a deadline of 180 days from entry of judgment if you were improperly served, while 6 months is the general guideline, if you can prove fraudulent service, or some other extraordinary circumstance, you can sometimes try filing this motion beyond that time - but I highly suggest retaining a lawyer to do this for you).

Setting aside the default will allow you to file an answer and defend the matter on its merits. (I do not have the details of the case and we cannot provide you with legal counsel - if the judgment being sought here is significant (which it very well could be given the subject matter), I would again suggest retaining a lawyer).

Related Legal Questions