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View Full Version : A judgement filed in wrong name


djackman
May 15, 2012, 04:13 PM
A judgement for a medical bill (the medical bill is in my name with my insurance and my husband has his own separate insurance) they filed the judgement against my husband in his name but the debt is mine and was sent to them from the clinic incorrectly, can they do that legally or can I just pay the medical bill amount with no fee's seeing they did not file it against the right person

AK lawyer
May 15, 2012, 06:40 PM
Did the actually obtain the judgment against him, or have they only filed suit against him? If they have a judgment against him, unless he has properly appealed, they have it. The fact that they sued the wrong person is something he should have raised in defending against the suit. It would be too late now.

Are you talking about late fees? They can still get those from you until you pay. Or court costs and attorney fees? That's something else. If you were to pay what you owe, you wouldn't be obligated for those since the judgment (if there is one) isn't against you.

Fr_Chuck
May 15, 2012, 08:53 PM
If they actually got a judgement, it is different than just trying to file.

In getting a judgement, he would have been notified, and had a chance to appear in court to show it is not his debt and ask for the case to be dismissed.

If it went this far, you will have to go to court to get this case dismissed.

ScottGem
May 16, 2012, 03:36 AM
So how did this get to the point of a lawsuit? Were you not contacted about the bill? Did you not kn ow it was delinquent?