Paid the creditors but have a default judgment for damages?

if the debts were already paid then the some CA i trying to get a little more.after the motion is granted for improper service demand documentation of these damages.make the CA prove that they have a right to do that.sounds like a CA doing an end around and trying for more money when they aren't entitled to it.

Hi paul, I think they're mad because they found out I was planning to pay the original creditor instead of them. I'm not sure how medical collections work, though. The collection agency is on my credit report, but they are not on any of the court papers. The plaintiff is the original medical office, represented by an attorney. Is the attorney working for the CA or the OC? Who actually 'owns' the debt and suffered damages?

that is what i would make whoever prove.you paid the debts got the papers to prove it.sounds like you said. the CA wants there cut,but had to go the improper service default route.

Thanks. Actually the girl I talked to at the court house yesterday when I filed my motion said that it was the courts fault for sending the notice to appear to the wrong address. She also told me that unless they get the notice back in the mail, they still consider it to have been served, cause they don't know that I didn't get it and just didn't show, therefore they can still allow the default judgment. Whatever. So I told her it really didn't do any good for me to provide my correct address on my answer, huh? :twisted:

Oh, I was at the courthouse today, too, to drop off some other papers and she told me, by the way we had to change your hearing date. The attorney is going to be out of the country and he gets to be heard. :roll: I said well so do I...

I would stay all over this. You said that it wasn't the CA suing you but the medical providers themselves? If this is the case this could be a frivolous lawsuit because you paid them. You may want to consult with an attorney on this one.

Also if the papers were sent to the wrong address then you DO have the right, since it was the court's mix up..it will be documented where it was sent, you just need to show your proof of address.

Keep on it..the simple fact is this is a paid debt so they should have had NOTHING to sue upon.

Well, I don't quite understand who the attorney's client is. Is he representing the collection agency listed on my CR or is he representing the hospital listed as the plaintiff on the original summons? I think with medical collections, the CA doesn't actually 'own' the debt, but I'm not sure. The hospital just lists it as a 'bad debt, turned over to collections'. I just find it ironic that the minute the CA found out I intended to pay the hospital a suit was filed...the very same day!...but there is no mention of them on the court papers.

Yay! Finally went to court and you were right, Goldenbast! The judge set aside the default judgment based on improper service! Score one for the little guy! (girl) Just so I don't let my guard down, though, if they still want to pursue sueing me for the damages, even though the debts are paid, would they have to start all over with a new summons and complaint?

Yes they would.. but i'm surised the judge didn't dismiss it with prejudce(meaning they can't sue you later for the debt) since the debt is paid.

What damages? You paid.

Right. It seems like the CA didn't have anything to do with the suit, since the plaintiff listed was the original creditor, not sure why they would do that to you. Keep your payment records. BUT do look at your credit reports, if the accounts are not listed as paid immediately dispute it!

If you do get sued properly this time, make sure to bring proof of payment and point out the date of payment was before a suit was even filed, so basically...they tried to file suit on a zero balance. If they try to claim ANY type of fees or damage, make sure you demand docuemntation to prove the claim.