Well, that was news to me....
Date: Wed, 08/03/2011 - 06:12
I heard nothing: no letters (forwarded or otherwise). No phone calls. No one at my door. No messages from my old roommate saying, "Such-and-such tried to contact you" or "Someone is trying to serve you papers" (since we still are in frequent contact, this is definitely something she would let me know).
Last Thursday, I received a letter from the clerk of courts back home informing me that a judgement had been rendered against me in favor of the hospital. Excuse me???
I called the hospital directly and spoke to both their billing and their collections department. They insisted that the bill was never paid.
I filled out a financial disclosure form that had been included with the judgement (even if I still owed the debt, I can barely make rent and groceries right now). I also wrote a letter stating that I disputed the claim because I am not indebted to the hospital.
Yesterday I spoke to a woman at the collection agency. She was surprisingly nice; although she herself has not seen the form or letter, she said she would take a look at it. She informed me that if I can find the receipts proving that I paid the bill, they would reinvestigate the matter (she actually seems to believe the mistake was on their end). She is also sending me paperwork for my lawyer.
I have learned that I can appeal this judgement since I was never served papers to appear in court. While I live in the same state, I lack transportation right now; do I have to be physically in that courthouse to file the appeal, or can I have it notarized where I live now and send it to them? (I am in Wisconsin.)
I am hunting for my receipts, and my old roommate will be sending me the rest of my paperwork (which I have had in storage--long story). Do I have any other options to resolve this or get restitution?
In a note that would be amusing under other circumstances, I have learned from some of the "folks back home" that the hospital recently got new computers and has been having a lot of problems with them. I wish I knew of a way to use this to my advantage here!
You may live in the same state but do you live in the same count
You may live in the same state but do you live in the same county? Since you were not served, and they did not sue you in the county in which you reside, you can have the judgment set aside due to improper service.
Can you pull a copy of the check that paid the bill?
No, I live in a different county now. I have confirmed with my
No, I live in a different county now. I have confirmed with my former roommate and her boyfriend that no one showed up at my old address to serve the papers.
I paid by money order, so I am trying to find the receipt for it. What do I do if I cannot?
If you don't have proof of payment and they can prove that you o
If you don't have proof of payment and they can prove that you owe the debt, you'll have to pay it again.
Well...bother. That's what I feared. At least if I file for an
Well...bother. That's what I feared. At least if I file for an appeal, it will give me more time to go through my paperwork!
I hope you can find it. By the way, just your stub from the mon
I hope you can find it. By the way, just your stub from the money order isn't "proof." You'll need to contact the issuer of the money order and get a copy (front and back), showing that it was "cashed." Maybe that's the issue? Maybe they never received/cashed the MO? If that turns out to the be the case, you should be able to get a refund and then you can pay them that way. :-?
Ah, thank you! The Post Office would be required to have a copy
Ah, thank you! The Post Office would be required to have a copy of the cashed MO, you're right. :) It sounds as though I will have to find a way to pay a visit back home to resolve this.
I have also found in my research (the joys of being a librarian/former law clerk) that both the OC and the collection agency are in violation of enough of the Wisconsin legal code that I may be able to get the case dismissed altogether. :) Wish me luck!
According to the clerk of courts....
I finally was able to speak to the Clerk of Courts today. She claims that my summons was served by regular mail at the end of June--ah, no. I never received it, and neither did my old roommate.
Under Wisconsin law, this would qualify as "Service by publication" but the burden of proof is on the plaintiff. The Clerk is sending me the paperwork to re-open the case.
I have been doing quite a bit of research and have found that, even with the papers being supposedly "served," I still have enough defenses arguments that I should be able to get the case dismissed altogether. First of all, since I am no longer a resident of that county, they have no legal jurisdiction over me (thank you folks!). Since the entry of judgement was the first communication I had about this matter, they are in violation of the FDCPA; I can argue they acted with "Unclean Hands." Because of the length of time they went without attempting to contact me, I am also going to invoke the Doctrine of Laches (although that will be trickier). There are several other legal bits I am still researching...but this is going to be a fun fight. I hope they weren't expecting me just to roll over and take it. :)
Have you consulted an attorney? I would suggest that when and h
Have you consulted an attorney? I would suggest that when and how you raise the issues you suggest may be important.
In my opinion, you may be giving away too much by throwing it all at them now. If the issue is vacating the judgment for lack of proper service, that does not go to the merits. So that motion needs to first be made to the court as the preliminary to getting the merits back before the court.
If you prevail on that issue, you will probably face a new day in court, at which time you can address the merits. Why give them a heads-up on your potential defense on the merits before necessary?
You have done some tremendous work on the legal issues, but you might want to get some advice on the process for presenting them.
I agree, motioning the court to vacate based on lack of proper s
I agree, motioning the court to vacate based on lack of proper service will get it vacated if they did not comply with your state civil code or rules of civil procedure. I would suggest that you investigate the permissible forms of service in your jurisdiction as the basis for your motion, making sure you have not missed a form of service that is permitted and was done.
Thank you! Yes, I am awaiting word from my attorney on the matt
Thank you! Yes, I am awaiting word from my attorney on the matter. You make an excellent point, one that I had not considered. It would be silly to show my hand before the game even starts.
Besides, this would give me more time to research everything.
Well, Saturday I received a thick envelope from the Clerk of Cou
Well, Saturday I received a thick envelope from the Clerk of Courts back home, and sure enough she sent paperwork to re-open the case. What a relief! Of course, I was going to motion for re-opening whether she sent it or not; it's not as though I couldn't print a form from their website or write a letter.
Unsurprisingly, the CA did not send the paperwork they claimed they would send for me to show my lawyer. I really think they still expect me to roll over and take this.
I am pulling together a list of defenses, and generally researching every bit of law that will get this thrown out of court. I'm also taking Lian's advice to heart and saving this particular document for later in the proceedings. Wish me luck!