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-   Small Claims (https://www.askmehelpdesk.com/forumdisplay.php?f=303)
-   -   Sol (https://www.askmehelpdesk.com/showthread.php?t=57074)

  • Jan 24, 2007, 08:52 AM
    shannon2007
    Sol
    What are the SOL for judgments in the state of NY, I recently filed a small claims for monies that are being executed through my husbands payroll for an old medical bill. Monies that should have been originally paid by insurance. When this originally went to court I was not given enough time 8/23/05 to 11/15/05 to get the documents needed to present in court that the hospital never submitted the claims (their responsibility per contract with insurance company) due to the HIPPA law, there for I did not attend court but did stay in contact with claimants and many others. Before I received the info needed to support my contesting it was in the courts and settled. I was told today that I was out of the SOL to file... PLEASE help :( :( thank you for your time!!
  • Jan 24, 2007, 02:45 PM
    excon
    Hello shannon:

    You need to go back to court to get the default judgment overturned. You're going to need a lawyer to do that. And, even then, it's going to be difficult. Filing a small claims action isn't it - not even close! This isn't stuff you should be guessing about, shannon - it costs to make mistakes.

    You needed a lawyer when you first got sued. You didn't hire one then, so I doubt you'll hire one now. He would have postponed your case until you got the needed documentation.

    Shannon, there are times when it makes sense to represent yourself. Then there are times when it isn't.

    excon
  • Jan 24, 2007, 03:39 PM
    Fr_Chuck
    First please understand in the end, the doctor and hospital bills are the patients responiblity, it does not matter who was suppose to file what, if and when the medical provider is not paid, the patient is responsible.

    So getting the hospital bills and forward it yourself if the hospital or doctor does not is your responsibility, they may suppose to do it, and normally do, but if and when it does not happen, it does not do away with the patients final responsibility.

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