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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33703
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Filed an answer to the courts regarding a 4500 medical bill

Customer Question

Filed an answer to the courts regarding a 4500 medical bill that had been bill incorrectly and went to collections. We did not owe this money. Unfortunately i marked a date on my calendar for court that was two days later than my appearance date, just found out. Im sure there has been a judgement entered for the plaintiff, it has been 3 days, is there anything i can do about it? How long does it take for them to garnish my bank account? I am on social security and have read they cant take more than two months which is never in there anyway. I do share an account with my husband, my husbands name was not part of the judgement. Were moving all his funds to another bank without my name on it, will this work? I do not think it eise to file bankrupcty for such a small amount as i have no other outstanding bills. Had we shown up in court we wouldve won. This is like a horror show. What do you suggest? Michelle
Submitted: 19 days ago.
Category: Legal
Expert:  Barrister replied 19 days 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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is there anything i can do about it?

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You can file a motion to vacate the judgment with the court and see if the judge would agree to set it aside and reschedule the hearing to hear the case again. The sooner you did so, the better the chance of having the motion granted. The court clerks should have a motion to vacate motion that they can give you to fill out and file.

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How long does it take for them to garnish my bank account? I am on social security and have read they cant take more than two months which is never in there anyway.

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It would take 15 days before the judgment was final and they could begin to pursue collection. But if your only income is Social Security, it is entirely exempt under federal law from garnishment. So if that is all that is in your account, it is entirely exempt from creditors.

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Were moving all his funds to another bank without my name on it, will this work?

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Yes, they can only go after accounts with your name on them and only if they hold non-exempt funds.

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thanks

Barrister

Customer: replied 19 days ago.
Thank you so much, i appreciate you validating our thought process.
Expert:  Barrister replied 19 days ago.

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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Have a great evening!

Barrister