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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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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: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year 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: (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).

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