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benneg · Sep 5, 2006, 11:46 AM

Over the past 2 years I've seen a chiropractor. I always paid my co-pay at the time of visit and never received any bills. Six months after my last visit (I moved out of the area) I received a bill for $600. Although I didn't agree w/the bill, I began sending $10/month (which she accepted by cashing the checks) to ensure that I was not taken to court while I further investigated the claim. This morning, I received word from my payroll dept that my wages were being garnished for $300/pay period to cover the $600 + $300 court fees. HOW can she do this to me? To top it off - she's been closed down for insurance fraud! What can I do?

excon · Sep 5, 2006, 03:12 PM

Hello ben:

In order for her to have received a judgment, she'll have to have proven that you were served. That means she would have had a process server hand you the complaint, sent it by certified mail, return receipt requested, or if she doesn't know where you are, she could have served you by publication.

None of that happened. Apparently, she does know where you are, and you can prove it. Contact the court where the judgment was issued, and file a motion to reconsider based on not being properly served (the clerk of court will help you). If the motion is accepted, the case is re-opened and she needs to prove her case in front of a judge. If she's perpetrated a fraud upon the court, by saying that you've been served when you've not been, you may have grounds for a countersuit.

The insurance fraud, while interesting, has nothing to do with this case - except that it will show the judge her character.

excon