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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110401
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a supreme court judgment filed against me for $6,177

Customer Question

I have a supreme court judgment filed against me for $6,177 for a hospital and ambulance bill charged to me since I did not have insurance back in 2010. I attempted to settle with the hospital but they would not speak to me and immediately referred me to their lawyers. Their law office has a pitbull for a secretary who Ive attempted many times to settle with but would not allow me to speak to the lawyer or offer payment options. I ignored the issue until last week when I received a letter from them threatening to freeze my accounts. I contacted the courts and I am told I can only work out the payment with the law office. I want to counter offer a settlement amount to be paid in full, however I am unable to speak to the lawyer as the pitbull secretary wont allow for it. Please advise
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: New York
JA: Has anything been filed or reported?
Customer: a judgement was filed against me in supreme court
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 25 days ago.
Category: Legal
Expert:  Law Educator, Esq. replied 25 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, legally once judgment has been obtained, the plaintiff or their attorney does not have to negotiate with you. Thus, there is actually no legal option under NY law for you to do what you are seeking. You have no choice if the attorney will not deal with you other than to make payment in full OR if your finances are bad and you have no assets in your name you can seek to file bankruptcy which will extinguish that judgment along with your other unsecured debts and they could no longer collect on the judgment against you.
In the meantime, you need to take the money out of your bank accounts in your name and you need to place them in an account in someone else's name that you trust to avoid the creditor from getting a writ of seizure on your bank accounts.
If you cannot qualify for bankruptcy or do not want to do so, then legally you are at the mercy of the judgment creditor and with their refusal to communicate with you for negotiations no NY law would assist you in forcing them to do so.
Customer: replied 25 days ago.
Do you believe hiring a lawyer to defend this issue would work in negotiating a settlement or payment plan,or would that be a waste of money?
Expert:  Law Educator, Esq. replied 25 days ago.
Thank you for your reply.
The lawyer should at least be able to get beyond the secretary to talk to the lawyer, but that does not guarantee you he will be able to settle it. Most attorneys would appreciate some reasonable payment plan, but do not want to be bothered taking numerous small payments because it costs them money to account for that, so usually they will not agree to more than 2-3 payments to resolve the debt.

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