Anything to do post-Judgement?

[greywolf]

I was talking with my father today, and a few years ago he had some medical 'work' done, and it resulted in about $5k in medical bills. He WAS partially covered from his insurance, up to about $3000. They remaining $2000 was submitted to his employer as they have some form of comprehensive care/coverage. He submitted the remaining balance to HR, and it was supposed to be paid.

 

Fast forward 2 years. My father just pulled his CRs because he is shopping for a car lease. There is a default judgment for $2250 in his public records and a lien on my parents house. He called up the court where it is listed and had everything sent to him. After he looked it over, he recognized it, and called his former employer (he retired about a year ago). They say they cut HIM a check for the amount somewhere in his employee benefits package when he retired.

 

He went over his retirement package, and it does appear that they included an additional $2000 in his retirement package, listed as 'corrected billings'.

 

Is there anything he can do on this? He has not contacted the lawyer representing the hospital, but has copies of the judgment, bills, and lien. How should he pursue it? To this date the lawyers have NOT contacted him, nor has any CA.

[Toy Lady]

My first concern is why your father didn't get the summons. Did he move recently or in the last several years? Did they send the summons to an old address? I know if the summons was served incorrectly, people have gotten a default judgment reversed (or whatever the correct terminology is). I'm pretty new to credit repair so I'm not 100% sure but to me it seems that would be the first logical step before doing the pre-HIPPA or anything else since the summons MUST be served properly. Some CAs will purposely serve to an old address knowing the defendant will never get it in order to win a default judgment in court but that's illegal. I can't remember the legal term for it but you might want to read up on the Help! I've Been Served forum while waiting for a better reply from someone more knowledgeable here. I can't imagine it wouldn't be covered there.

[Toy Lady]

I'd also do a search here for judgments. I found a number of them, read a few, and WhyChat offers them help as what to do. It'll certainly get you started in knowing what to do. I'd post links but for some reason, the posts and answers are showing up screwy when I do the search.

[greywolf]

I am not sure if he was served, but I know they did move recently, so they may have had an incorrect address. The main reason I posted here, was because it was a medical question, concerning a judgment. Kind of catch 202.

 

Should I re-post in the help I've been served forum?

Edited July 3, 2009 by greywolf

[bonbonXO]

http://creditboards.com/forums/index.php?showtopic=396194

Start around post 14

 

Should I re-post in the help I've been served forum?

Probably-the HIPPA process can't be used if legal action had been taken

But if you find the Judgment is invalid for any reason, it may be possible to use the Why Chats's HIPPA process