Business Debt, Collections Credit Card/Medical debt

[Disabled Vet]

Good Morning folks,

Oh how I love my sister.. My mother got a medical credit card to pay for oral surgery for my niece. My sister was to get 80% of this money back from ex-husband once it was filed with his Insurance. The bum took that check and spent it without giving any to my sister. Now my mother is stuck with paying this bill.

My mother is 74 and shouldn't be dealing with this type of issue. Of course I just found out about this newest problem.

Question: I know my mother can't take my sister ex to court over the insurance check. I got my sister to start the process in small claims to attempt to recover some of this money back. I was wondering would this be considered insurance fault? Since the claim was filed, insurance paid but ex husband kept the money. Note: This was for dental work 5,000.00 worth. The dentist wanted payment up front so that is why my mother took out that dental credit card for my sister.

Question:

I haven't seen the paperwork but my mother read some of it to me over the phone. It seems they have taken her to court and won a default judgement against her. She hasn't been served with any court paperwork. Nor has anything came cert mail. Can someone place a summon to court on a door of a house? Can they place a summon in a mail box? I am going to call the court house Monday to find out if this is real or just some tatic on the creditors part. Just checking to see if a summon needs to be hand delivered or by cert mail.


Question:

Can Social Security be garnished? Can my decreased fathers military retirement check be garnished?


Thanks guys.

Michael

 

[army judge]

Your elderly mother won't be jailed over this mess. They could place a lien against her home, but so what? It isn't worth fretting and fussing over. Her social insecurity is untouchable. So, these bullies have a useless judgment, and like vultures they'll wait for her death, and try to get what they can from the sale of her home. Tell mom to forget it, but never do this again. For all you know, sissy could be lying. Easy to blame the "ex"! So, why doesn't sissy sue the "ex", or take it back to the court that ordered child support to be paid, and have the judge castrate the thieving "ex"!

What a mess. Tell mom, you'll take care of, and keep her calm. Her longevity and peace are worth much more than 5,000 lousy bucks.


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[Disabled Vet]

Thanks Army Judge for your reply,

Update: I can't believe it... My sister is taking her ex to small claims court. I told her I would help her put things together and maybe we can recover some of the money.

I still would like to know how they can consider my mother served by saying they placed the summons on the door of her house. They also said they mailed her the summons to reply as well. My mother said that she didn't get either.

I also found out since this card was co-signed by my mother. My sis told me that the same week they took my mother to court they took her as well. The only way my sister found out was she read her name in the paper as a judgement against her. How can they get two judgements? Is it legal to "Say" someone was served? without sending thru Certified mail or serving them in person. I read my mother what you said Army Judge. Since my father was retired navy that made her feel better.

Thanks for any replies.

Michael

 

[disagreeable]

Why are you working so hard to defraud someone owed money? You should be proactively helping mom arrange to pay them back.

 

[Disabled Vet]

Disagreeable,
I thought you knew a little about the law... It's seems you know only enough maybe to get you into trouble. NO where in these post has it said anything about not paying. These questions were about how a person is served (or considered served). Once my sister takes the ex back to court then my mother can use that money to pay-off this debt. 5,000.00 was needed for dental work for my niece who has downs. Only 3800.00 is left to pay, that amount is what the insurance paid and my sisters dead beat ex collected from insurance.

Was your comments coming from a dead beat parent that thinks its ok to take away from the child?

 

[army judge]

Service by these credit vulture collectors is often questionable. In many states, tacking (placing it on the door is allowed). Service can be defeated, but I always attack these suits on the merits. Suing the deadbeat "ex" might be successful in getting a judgment. I doubt they'll ever collect a dollar. Winning these suits doesn't mean you get money. You simply get a paper saying XXXX owes ZZZZ. Then you must collect against tat paper. It can be done, it isn't easy, and it's always frustrating. If a TV legal show selects the case, go. They fly you into Chicago, LA, or New York. They put you up in a hotel, give you spending money, and even the loser gets a little cash. The winner gets the money (plus a little extra) they're seeking.


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[Disabled Vet]

Army Judge,
that is funny about the TV show bit. I told my sister to contact Judge Judy over this mess. The court date is set for middle of Sept with her ex. I will be traveling to Texas (Gruene) for a gathering of Army Buddy's mid Sept as well.

 

[army judge]

Army Judge,
that is funny about the TV show bit. I told my sister to contact Judge Judy over this mess. The court date is set for middle of Sept with her ex. I will be traveling to Texas (Gruene) for a gathering of Army Buddy's mid Sept as well.

Well, absent Judge Judy or The People's Court intervening, tell them they may never get paid.

Welcome to The Republic of Texas when you arrive.


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[disagreeable]

Disagreeable,
I thought you knew a little about the law... It's seems you know only enough maybe to get you into trouble. NO where in these post has it said anything about not paying. These questions were about how a person is served (or considered served). Once my sister takes the ex back to court then my mother can use that money to pay-off this debt. 5,000.00 was needed for dental work for my niece who has downs. Only 3800.00 is left to pay, that amount is what the insurance paid and my sisters dead beat ex collected from insurance.

Was your comments coming from a dead beat parent that thinks its ok to take away from the child?

No, it comes from a responsible person who pays their bills. If you think you can collect off the deadbeat, knock yourself out. Just because you get a judgment, does not mean you will collect. You are the one attempting to fight the people attempting to collect a valid debt, instead of paying it, not me.

 

[disagreeable]

Disagreeable,
I thought you knew a little about the law... It's seems you know only enough maybe to get you into trouble. NO where in these post has it said anything about not paying. These questions were about how a person is served (or considered served). Once my sister takes the ex back to court then my mother can use that money to pay-off this debt. 5,000.00 was needed for dental work for my niece who has downs. Only 3800.00 is left to pay, that amount is what the insurance paid and my sisters dead beat ex collected from insurance.

Was your comments coming from a dead beat parent that thinks its ok to take away from the child?

No, it comes from a responsible person who pays their bills. If you think you can collect off the deadbeat, knock yourself out. Just because you get a judgment, does not mean you will collect. You are the one attempting to fight the people attempting to collect a valid debt, instead of paying it, not me. Bottom line, you can't fix stupid.

 

[Disabled Vet]

Disagreeable,
I still stand by what I said..... You may know enough to get you in trouble. That's about it... But I will break my post down for you. Maybe then you will understand.

1st post: There were legal questions asked.
Can someone place a summon to court on a door of a house? Can they place a summon in a mail box? Just checking to see if a summon needs to be hand delivered or by cert mail.
Can Social Security be garnished? Can my decreased fathers military retirement check be garnished? My sister was to get 80% of this money back from ex-husband once it was filed with his Insurance. The bum took that check and spent it without giving any to my sister. Now my mother is stuck with paying this bill.

You noticed in that posting as well... NOW MY MOTHER IS STUCK WITH PAYING THIS BILL



Then a reply from Army Judge....

Then my follow up post... Again asking a legal question..


I still would like to know how they can consider my mother served by saying they placed the summons on the door of her house. They also said they mailed her the summons to reply as well. How can they get two judgements? Is it legal to "Say" someone was served? without sending thru Certified mail or serving them in person

Along with status update...
Update: I can't believe it... My sister is taking her ex to small claims court. I told her I would help her put things together and maybe we can recover some of the money.

Then I get your personal thoughts... Nothing about the legal questions.. Just a comment from someone that can't see the facts.

Then my reply to you.....
Disagreeable,
I thought you knew a little about the law... It's seems you know only enough maybe to get you into trouble. NO where in these post has it said anything about not paying. These questions were about how a person is served (or considered served). Once my sister takes the ex back to court then my mother can use that money to pay-off this debt. 5,000.00 was needed for dental work for my niece who has downs. Only 3800.00 is left to pay, that amount is what the insurance paid and my sisters dead beat ex collected from insurance.

Again.. read the facts: borrowed 5,000.00 left to pay 3800.00 who do you think paid that 1200.00... Payment fairies? No... my mother did (is)..

Again Disagreeable you lack of being able to read the facts is alarming.. You failed to answer any of the legal questions. You failed to read payments are being made. You failed to understand our very BASIC rights. The right to sue someone over a debt they should have paid. The " EX " You failed all around on this one. You allowed your personal beliefs to interfere with the basic legal stand point. Everyone has a RIGHT to have their day in court.

Maybe... Just maybe if you continue to research, read and study you will be able to get yourself out of this failed time in your life.

Just for your information before you attempt to pass judgement on me. I retired at the age of 43...... I can't even began to tell you have great my life is. I don't have wants, nor do I have needs. I just dropped my son off at college last week. Which I hope he continues on becoming a surgeon. He got his private pilot license at the age of 17. Oh... my girl who is 15... just an unbelieveable young lady she is turning out to be... I am soooo proud of her as well. She works weekly with children who have disabilities. She is on the path to becoming a elementary teacher or special needs teacher. Also for your information.... Your correct on one point.. I don't pay my bills.. Because I have none. ~

Again... try to bring yourself to the VERY BASIC concept of the law. That is making sure you understand the "Facts" before you pass judgement.

Thanks again,
Michael

 

[mightymoose]

1st post: There were legal questions asked.
Can someone place a summon to court on a door of a house? Can they place a summon in a mail box? Just checking to see if a summon needs to be hand delivered or by cert mail.

There are different ways that legal service can be made depending on the type of documents. Actual personal service is not always required.
Can someone attach a summons to the door? Sure. Is that a legal service? Not likely. You would be wise to still show up in court and raise the issue of improper service if you think that is the case. At best you may be granted more time to prepare and return at a later date. If you fail to show feeling that you were improperly served you will likely have a default judgment made against you, and that will just make things worse.
The is from the Indiana Code of Civil Procedure:

Rule 4.1. Summons: Service on individuals

In General. Service may be made upon an individual, or an individual acting in a representative capacity, by:
sending a copy of the summons and complaint by registered or certified mail or other public means by which a written acknowledgment of receipt may be requested and obtained to his residence, place of business or employment with return receipt requested and returned showing receipt of the letter; or
delivering a copy of the summons and complaint to him personally; or
sending a copy of the summons and complaint by registered or certified mail or other public means by which a written acknowledgment of receipt may be requested and obtained to his residence, place of business or employment with return receipt requested and returned showing receipt of the letter; or
serving his agent as provided by rule, statute or valid agreement.
Copy Service to Be Followed With Mail. Whenever service is made under Clause (3) or (4) of subdivision (A), the person making the service also shall send by first class mail, a copy of the summons without the complaint to the last known address of the person being served, and this fact shall be shown upon the return. Amended Dec. 7, 1970, effective Jan. 1, 1971.
​

If the person serving the documents only posted to the door and placed the copy in the mailbox without actually mailing it with the required return receipts, then it seems service was not done properly.

Can Social Security be garnished? Can my decreased fathers military retirement check be garnished?

No, social security can not be garnished, and I suspect the retirement check is safe as well. However, once that money is placed in a bank account there are ways to gain access to the account to collect on a judgment. Keep the money in a separate account that is not mixed with other funds or stuff the cash into your mattress.

I still would like to know how they can consider my mother served by saying they placed the summons on the door of her house. They also said they mailed her the summons to reply as well. How can they get two judgements? Is it legal to "Say" someone was served? without sending thru Certified mail or serving them in person

Yes, they can consider your mother legally served because after that summons was attached to the door someone filled out a proof of service swearing that it was done properly and returned it to the court. Service may not have been done properly, but so long as the court has a proof of service on file they will assume it was done properly until someone raises an issue about it. I'm not sure why you believe there have been two judgments... I would assume the posted summons and mailed summons were for the same thing.

 

[disagreeable]

So spin your wheels. Sue a deadbeat, attempt to get a judgment on a valid claim withdrawn. When you are done spinning your wheels and have wasted all that time, you will be left with an noncollectable judgment against a deadbeat and a valid judgment against mom. You will accomplish more by peeing in the wind, however, if it makes you feel manly, go for it. Your lack of comprehension on how the system works is amazing.

No matter how much you want to change the circumstances, they are what they are. You cannot change the underlying premise, which is mom owes the money and regardless of whether she was hosed, the odds are about nil on ever seeing the money from him.

 

[Disabled Vet]

Update: Everyone has their day in court and ours was yesterday. We got everything straighten out in court along with a garnishment of his wages. Plus interest on the past due amount. I will have to pay this debt up front for my mother but knowing there is a monthly payment coming in makes it a little easier.

Thanks,
Michael