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Judgement - without notice

New York, NY |

Hi - I had a settlement stipulation in 2005 for an old medical bill from 1999 for just under $3k. Monthly payments (more than the minimum) were made and really made a dent in the balance owed until I missed a payment. Interest was added to the balance due and although I was so close to "satisfying" I had to start from the top. Lesson learned. Last payment was made 3.5 years ago and with what I believe to be the last payment due. 3.5 years pass and out of the blue, I'm hit with a notice that "after a client audit we realized you failed to satisfy". Total due is back over $3k and before I could get the documentation from the bank (former customer) I'm hit with a garnishment! Unfair and sleazy doesn't even begin to cover this one. Options? Much appreciated!

Thank you all for responding! Per the stipulation, no interest accruing while making payments. I've made 36+ payments between 6/05 - 1/09 of no less than $100 per month. If owed anything, it was under $500 and was held for 3.5 years. I am considering filing (BK) because I have had enough. Trying to do the right thing but people won't let you.

Attorney Answers 4

Posted

Not sure how you could be hit with a Garnishment without Notice of a Lawsuit. I would get to a collection attorney and see if this can be vacated, or you could, if appropriate file for BK and wipe them out, ut you need to stop the Garnishment as soon as possible, so get assistance quickly.

The previous information is solely for informational purposes only. If you have further questions, please contact an attorney in your area for more specific answers. Responding to your question in no way creates an attorney/client relationship, and none of the specific guarantees of privacy exist. If you have found this information helpful, kindly check the "helpful" box.

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Posted

My office handles this kind of work. You are probably being garnished by the City Marshal, because there was already a judgment in your case. You need to contact an attorney and document the terms you entered into and the payments you made.

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Posted

I'm curious if your "settlement stipulation" was made as a result of a lawsuit or just collection activity. In any case, depending on the terms of the stipulation, i.e. interest on balances, etc., you could be liable for interest or even the total original balance if you failed to complete the stipulation. It is important for any attorney to review the stipulation document especially to ascertain what you originally agreed to and whether the other party is adhering to the agreement properly. I regularly handle matters such as this.

My response is not considered legal advice and we do not have an attorney client relationship. You may contact me for more information at 845-290-9678 or at dkatz@dkatzlaw.com.

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Posted

You should find out if there is a judgment entered against you. Seems there has to be if they are garnishing. If there is - was it the result of litigation? Were you served with a complaint? Did you ever appear in court? If the judgment was obtained without you receiving any notice of a lawsuit, then you could get it vacated. However it depends on the precise circumstances.

This answer should not be construed as creating an attorney-client relationship, and is for informational purposes only.

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