Legal Question in Credit and Debt Law in Idaho
Fighting a judgement--unfair collection of debt?
Due to an error on our part (we didn't show up to court due by accident) we have a judgement against us for a medical bill that should have (and has been) covered by insurance. The fees are now almost twice the amount owed originally. Our bank account was siezed, but the judgement for the siezure misrepresented the amount owed. They tried to take $150 more than owed and didn't reflect the amount insurance had paid. Is this in violation of fair collection laws?
1 Answer from Attorneys
Re: Fighting collection of default judgment
You have two problems here: the judgment which was obtained on default, and collection of the judgment.
Normally, if you had a good excuse for not appearing in court, and if you have a defense to the claim, you can move to vacate the default judgment. For that you will probably need a lawyer.
REgarding collection: It sounds like the creditor is violating a number of laws. -First, write to the lawyer responsible for the case for the creditor. Show him that the creditor was paid by the insurance company, attaching to your letter a copy of the confirmation by the insurance company. Demand that all sums in excess of the judgment be returned to you immediately, and that all collection activities cease. Send this letter by registered mail, return receipt requested.
If you get a lawyer to vacate the default judgment, better ask him to handle all contacts with the creditor.
If you cannot afford a lawyer, go to your local legal aid society. Msot bar associations also have panels of lawyers willing to work for a reduced fee.
Good luck!
Susan Freiman
The Legal Clinic
P.O. Box 9407, Herzlia Street 29
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