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Ozmodious

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  1. We contacted the radiology group and they claim that they billed her for doing a reading of something that occurred in 2002 and 2003. We are still trying to get info on who the reading was done for and what the actual readings were. She doesn't recall anything of the sort and would've had full health coverage during that time that would've covered most any lab work, radiology etc. She never received any billing pertaining to this. The only thing official on file with the court was an affidavit (on collection agencies letterhead) signed by the billing manager of the radiology group. It does not offer any info except for the total amount allegedly owed with interest, There is no detail as to what the services provided were.
  2. I went to the courthouse last Friday and spoke to the clerk and requested all case file information on this case#. She asked what I needed and I told her anything related to the case that I was allowed to obtain. I was presented with a copy of the default judgement and a copy of the summons they claimed was personally served by a special process server. I was also able to get a copy of the interrogatories they served her employer (got these copies from her employer last Thursday) on August 8 of this year. The rest of the case details/info I was able to get from Missouri Casenet.
  3. Default garnishment was awarded 7-27-06 which would put the 10 yr SoL at 7-27-16 if I'm correct? The original debt was obtained from a radiology lab and they were the ones awarded default judgement and they and their attorney are the same parties attempting to garnish currently in 2022 After the default judgement was awarded there was no further activity with the case until 2014. During 2014 there were 2 requests to execute garnishment filed and 2 attempts to obtain interrogatories with her "past" employers. After August of 2014 there was no other activity with her case until Feb 2022. February of 2022 they requested to execute garnishment again and attempted to obtain interrogatories with her current employer. However they were doing so with her name as it was before we got married and her employer returned the interrogatories as she was not employed with them. In March of 2022 the garnishment was recalled by the court. In April of 2022 there was a full release of garnishment on behalf of plaintiff. Moving forward to July 2022 there was another request to execute garnishment and interrogatories were served to her current employer 08/08/22 and her employer. This was when she first learned of any of these proceedings or of this debt. I do not see anything as far as an application to enforce judgement. I;m assuming the requests to execute garnishment would the same as "application to obtain garnishment" you mentioned? All prior attempted to execute were with previous employers where she was no longer employed and the one early this year under her previous last name. Only the most recent was in July/August of this year under proper name currently with her current employer. Her employer was going to hold off on answering for a week or two, but that time is likely drawing near. I plan to write something up for her employer (per your suggestion) and get it to them tomorrow or over the weekend and I also plan to write a motion to request the court "vacate the judgement" and "denying all assertions" (per your suggestion) and plan to get this to the court clerk tomorrow. I suppose I will do this request/motion on the basis that: 1) The default judgement is now well beyond the 10 year SoL and they are attempting to garnish her wages based on a judgement that was awarded 16 years ago. 2) The default judgement was obtained fraudulently as she was never served a court summons (despite the court records showing that a special process server served her). The returned documents show she was served on a Thursday at 4:13 p.m. She could not have been served at said address on this day and time because she employed full time and worked Monday-Friday 8 am to 5 pm and would not have been present at her home address during the time recorded. (we don't have anything in hand to attach to the motion, proving this employment but could possibly still be obtained from the company she worked for) 3) Defendant (my wife) had no knowledge of this debt from the original creditor and the collection agency that obtained it and to her knowledge was never contacted by anyone from the time the debt was allegedly incurred by any of the parties as an attempt to collect said debt. 4) Defendant had no knowledge of and was contacted by any means for any of the court proceedings, hearing, trial and default judgement being awarded. Although she remained at the address the plaintiff and court has on file until 2013 (seven years after the default judgement was awarded). 5) The only evidence presented by the collection agency to the court was an affidavit (written on their own letterhead) signed by the billing supervisor of the original debt. But shows no details as to what services were provided for the amount of money she allegedly owes and they are attempting to collect. Thank you so very much for your time and advice, much appreciated!
  4. Thank you very much for your suggestions. I will talk with her and look into doing all of this. I did get a copy of the judgement from the court clerk. as well as the summons. As far as entering a "motion to deny all the assertions and vacate any filed judgment" I read somewhere that some court only allow up to a year from when the judgement was entered and this was entered as awarded in 2006 is that a real limitation or should we file motion regardless to get something on record that shes in disagreement with this before any garnishment takes place? Do we just ask to vacate on the grounds she was never served and was never aware of any of the proceedings? I'm not sure how to "prove" those things given how long it's been or would it matter as obviously she's had no interaction or contact with the case against her? Or would it better to go after the 10 yr SoL on the judgement or both of the items? From what I've read with Missouri law the judgement was only valid for them to initiate collection for 10 years. They are now re-attempting to garnish wages 16 years after the judgement was awarded. We did learn who the original debtor was and approximate dates for alleged services provided (my wife is calling them today to get what I can't because of HIPAA) and my wifes pretty sure she had full health coverage back then that would've/should've covered these types of charges, which would help further explain why she was unaware of any debt to anyone. One other question she wanted me to find out. The plaintiffs attorney gave my wifes employer interrogatories to fill out. I told her I thought they have to get those answers and go back to court again before they actually garnish her wages. She felt that her employers HR thought that would initiate the actual garnishment. I got a copy of the interrogatories and they seem to be all info gathering from what I can tell but I'm no expert. Trying to get an idea of what kind of time we have to work with before something happens? Especially as the case still has an old address so mail won't be coming to the current one I'd assume.
  5. My wife's employer advised her just last week that they had received wage garnishment interrogatories for debt collection. She got a copy of their paperwork and I used the case # and was able to find the case on casenet. I contacted the court clerk and got copies of the court proceeding, judgement and summons. The debt was from a radiology clinic and the original amount just over $2,000 in 2004 and currently with interest it's almost $5,000. My wife doesn't recall ever having any radiology work done in 2004 and doesn't remember ever being in the plaintiffs business. There was a default judgement awarded to the plaintiff back in July of 2006. Per the records on casenet, the court sent a process server to her home earlier in 2006 and was returned non-est. They then sent a special process server to her address in early June of 2006 and it was returned as served to her personally. They proceeded with a hearing (interestingly casenet shows that my wife appeared in person at hearing) and a month later a trial and the judgement was awarded by default in July 2006. My wife had no knowledge that there was a debt owed and she also had no knowledge that they were attempting to serve her a court summons. That said she had no knowledge of the hearing , trial or judgement and she never received anything from the court or plaintiff about the default judgement even though she continued to live at the same address until 2013. Per casenet there was no further activity with the case and judgement at all until 2014 which is when the plaintiff proceeded to attempt wage garnish her. The records show they attempted to serve garnishment paperwork unsuccesfully to 2 of her previous employers. After the few attempts to garnish her past employers the activity regarding the case and judgement stopped entirely again until this year, We were living out of state in 2014 and still had no knowledge of the debt. court proceedings or judgement and none of this had shown up on her credit report. We moved back to our home state in 2018 and carried on with our lives still unaware of any of this until last week when her employer informed her of the interrogatories they'd recently received. She told them she didn't know anything about it and had no idea who or what the debt was for. They told her they'd wait a week or two before answering and returning the documents. Now we are trying to figure out the best way to handle all of this before they execute the wage garnishment against her and was hoping to gain some insight here. I successfully represented myself against a credit card debt collection back in 2000, so I have a little working knowledge of the overall process up until the judgement and garnishment anyway. I know that for any of this to be valid there has to be a summons properly served and she was never served a summons for this matter or anything else ever. I'm also well aware that the last thing you want to do is not answer the summons and if you don't appear in court that you lose automatically, even if the collection was handled improperly. The problem is how do you go about proving it? They claimed on the summons that the special process server served her in person on a Thursday afternoon at 4:13 p.m. With the employment she has back then she did work M-F 8am to 5pm but we don't have anything I'm aware that would prove this. There's also the matter of the court recorded she appeared for the hearing and conveniently not for the trial, she didn't appear at either because she was never served the summons. The only other defense I could find is that the judgement is only valid for 10 years from the date it was awarded. When they did finally get paperwork in front of her current employer it had been 16 years since the judgement was awarded to plaintiff. Would this be ground to request a motion to vacate? When I was reading about the 10 yr limit on the judgement I do recall it mentioned the only exception was if the plaintiff "revived" the judgement. I went back to casenet and I did not see any motions that were entered other than the request to pursue garnishment with current employer. But there was no mention or motion to revive, however I'm unsure exactly what constitutes the "revival" that was mentioned. My wife's got great credit and always pays her debts, in fact shes really particular about that no matter who she owes it to. This entire situation has her really upset, stressed out and angry. If anyone has any insight, advice or suggestions it would be VERY much appreciated. This was the website I found and used to beat the collection (debt from previous marriage) I faced about 20 years ago and had it not been for the very helpful information I gained here I would've ended up paying the debt my ex wife screwed me on and left me with.
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