Legal Question in Credit and Debt Law in California

judgement debt

My wife had surgery about 5 years ago,we dont live together anymore she was serve with some court papers for a debt that our insurance company did not cover,I found about this about a 2 weeks before the court date,wen to court and they told us that there was nothing I could do because the case was ruled against us, is there anything I can do to appeal the court decision,what can I do about my former insurance company to get them to paid this debt, help is appreciated,Thank You.


Asked on 3/16/09, 5:56 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: judgement debt

You may have a few options. First, it sounds like the judgement entered against you was a default judgment. In California, you may be able to set aside the default if you act quickly enough after the entry of default. You need to go to the court as soon as possible and get a printed docket report for the case, then contact a local attorney immediately to review the docket and tell you if you have grounds to set aside the default. Second, you need to have the basis for denial of coverage on the insurance claim reviewed by, yes again, an attorney conversant in health care law. They may be able to determine if there was any bad-faith denial of coverage on their part. If not, you are probably stuck with dealing with the creditor who now has judgment and settling on a payment plan, or some other means of avoiding collections.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/16/09, 1:46 pm


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