Small Claims Letter For Satisfied 15 yo Medical Debt

[toydiva65]

Jurisdiction

Indiana

I had a medical judgement against me dated 5/29/03 for $827.72 which was collected via garnishment in 11 and 12 or 2009. I have now gotten another summons to appear in small claims court on 6-21-2018 to answer as to any property, income or profits...with a failure to appear resulting in attachment for arrest.

They are asking for $91 costs and post judgement interest of $248.70

I recently lost my job, have no assets, am on snap to feed my kids and am now terrified to go to court over a debt that I thought was settled 9 years ago. What can I do and am I reponsible for this extra money? This is coming for a medical collections company collecting for a hospital. Thank you!

 

[army judge]

What can I do and am I reponsible for this extra money?

If you don't answer the summons, the other party will get a default judgment.

It is best to appear at the time and place noted on the summons.

You'll get to have your say, and maybe this goes away.

If the other party fails to appear, this will get dismissed with prejudice in YOUR favor.

So, for the moment, appear in court, tell your story, see what happens.

Bring the proof of previous payments when you do appear in court, along with proof of the garnishments from your paycheck.

Also bring any other documents that support your position.

Whatever you do, don't ignore the summons.

 

[zddoodah]

I had a medical judgement against me dated 5/29/03 for $827.72 which was collected via garnishment in 11 and 12 or 2009.

What does "11 and 12 or 2009" mean?

What can I do and am I reponsible for this extra money?

I'm sure you can do any number of things. Not appearing in court as you have been ordered to do would probably be a very bad idea.

As far as your liability for the additional money, you told us that the judgment "was collected via garnishment." That's great as far as it goes, but what it doesn't tell me is whether the garnishment resulted in collection of 100% of the judgment, including interest and costs. It also doesn't tell me whether the creditor filed an acknowledgment of satisfaction of judgment with the court. Because of those two bits of unknown information, there's no way anyone can assess your liability for any additional amounts.

With all that said, if you have no current income and no tangible assets beyond your household items and clothing, then you have little or nothing to fear from a debtor exam. People show up to those things all the time and tell similar stories. It's not possible to get blood from a stone.

 

[toydiva65]

If you don't answer the summons, the other party will get a default judgment.

It is best to appear at the time and place noted on the summons.

You'll get to have your say, and maybe this goes away.

If the other party fails to appear, this will get dismissed with prejudice in YOUR favor.

So, for the moment, appear in court, tell your story, see what happens.

Bring the proof of previous payments when you do appear in court, along with proof of the garnishments from your paycheck.

Also bring any other documents that support your position.

Whatever you do, don't ignore the summons.

Thank you. The garnishment was taken out nearly 10 years ago and I don't have my paystubs. In addition, the shop for whom I worked at that time closed years ago.

The summons says: whereas the plaintiff has obtained a judgement in this court against the Defendant on 5/29/03 for the sum of $827.72 (balance of $0.00) costs of $91.00; and post judgement interest of $248.70. Then it continues with the date and time to answer for income, property etc.

So would I still be okay without proof of the garnishment?

 

[toydiva65]

What does "11 and 12 or 2009" mean?



I'm sure you can do any number of things. Not appearing in court as you have been ordered to do would probably be a very bad idea.

As far as your liability for the additional money, you told us that the judgment "was collected via garnishment." That's great as far as it goes, but what it doesn't tell me is whether the garnishment resulted in collection of 100% of the judgment, including interest and costs. It also doesn't tell me whether the creditor filed an acknowledgment of satisfaction of judgment with the court. Because of those two bits of unknown information, there's no way anyone can assess your liability for any additional amounts.

With all that said, if you have no current income and no tangible assets beyond your household items and clothing, then you have little or nothing to fear from a debtor exam. People show up to those things all the time and tell similar stories. It's not possible to get blood from a stone.

11 and 12 meaning November and December 2009.

I just find it odd that the garnishment was satisfied (its on the summons as $827.72 (balance $0.00) costs of $91.00; and a post judgement interest of $248.70. The judgement was 5/29/2003 almost 15 years ago...paid in 2009 and now they are taking me back to court again for a medical bill from 2000.

 

[toydiva65]

If you don't answer the summons, the other party will get a default judgment.

It is best to appear at the time and place noted on the summons.

You'll get to have your say, and maybe this goes away.

If the other party fails to appear, this will get dismissed with prejudice in YOUR favor.

So, for the moment, appear in court, tell your story, see what happens.

Bring the proof of previous payments when you do appear in court, along with proof of the garnishments from your paycheck.

Also bring any other documents that support your position.

Whatever you do, don't ignore the summons.

Also...is there a statute of limitations on this? I don't understand why the $91.00 plus the $248.70 post judgement interest wasn't taken out at the same time. The actual bill was from 2000, judgement 5-29-03, garnishment 11 and 12 of 2009 and here it is, 9 years later. I had no idea this extra charge existed. I tried to find the judgement on my credit report and it's not there.

 

[army judge]

Also...is there a statute of limitations on this? I don't understand why the $91.00 plus the $248.70 post judgement interest wasn't taken out at the same time. The actual bill was from 2000, judgement 5-29-03, garnishment 11 and 12 of 2009 and here it is, 9 years later. I had no idea this extra charge existed. I tried to find the judgement on my credit report and it's not there.

Absent proof, you have proof.

The scammer is only trying to get interest, not principal.
That says, someone has been paid.

Bring what you can find, tell your story, the judge will decide.

The scammer might not show up, most usually don't.

Do your best, just don't miss the court date.

 

[toydiva65]

Absent proof, you have proof.

The scammer is only trying to get interest, not principal.
That says, someone has been paid.

Bring what you can find, tell your story, the judge will decide.

The scammer might not show up, most usually don't.

Do your best, just don't miss the court date.

Ugh!! I thought this felt wrong. Why would the court let them file? It says it's from Med Shield Inc but at the bottom has an attorney for the plaintiff (completely different address) by the name of Derek F Johnson PO Box 524 Lebanon Indiana. Do attorneys usually have PO Boxes?

Anyway, thank you!! I will be in court for sure.

 

[toydiva65]

Absent proof, you have proof.

The scammer is only trying to get interest, not principal.
That says, someone has been paid.

Bring what you can find, tell your story, the judge will decide.

The scammer might not show up, most usually don't.

Do your best, just don't miss the court date.

Omg!! Look what I found!!

Derek Johnson Trolling Marion County Small Claims Courts: Attorneys Trolling Small Claims Courts

Small Claims: Big Injustice

Ripoff Report | Derek F Johnson Complaint Review Internet

Apparently there have been class action suits against this guy!!

 

[zddoodah]

So would I still be okay without proof of the garnishment?

It's worth noting that "army judge's" prior response seems to have overlooked that there is already a judgment against you. It appears (to me at least) that you have been called into court for a judgment debtor exam. Evidence regarding the prior garnishment isn't going to be particularly useful in that context.

now they are taking me back to court again for a medical bill from 2000.

"They" are simply trying to collect a debt. If the judgment was entered in 2003, it may or may not still be enforceable. According to a quick and cursory search, judgments in Indiana are enforceable for ten years, but they can be renewed for additional time. A judgment entered in 2003 obviously would expire in 2013 unless renewed. Why the creditor is going to this kind of effort over a few hundred dollars is anyone's guess. However, it might be a good idea for you to check the court file to see if the judgment against you was renewed.

Why would the court let them file? It says it's from Med Shield Inc but at the bottom has an attorney for the plaintiff (completely different address) by the name of. . . . Do attorneys usually have PO Boxes?

The court does not "let [people] file" things or not. Rather, people file things, and then the court acts on them in whatever way is appropriate. And yes, lots of lawyers have P.O. Boxes.

Apparently there have been class action suits against this guy!

What good will that do you in your case?

 

[toydiva65]

It's worth noting that "army judge's" prior response seems to have overlooked that there is already a judgment against you. It appears (to me at least) that you have been called into court for a judgment debtor exam. Evidence regarding the prior garnishment isn't going to be particularly useful in that context.

Yes, there is already a judgement against me that was satisfied....it even shows (balance $0.00) on the summons. But this is filed asking for another fee of $91 and post judgement interest (which there were fees and interest added to the amount garnished and satisfied)



"They" are simply trying to collect a debt. If the judgment was entered in 2003, it may or may not still be enforceable. According to a quick and cursory search, judgments in Indiana are enforceable for ten years, but they can be renewed for additional time. A judgment entered in 2003 obviously would expire in 2013 unless renewed. Why the creditor is going to this kind of effort over a few hundred dollars is anyone's guess. However, it might be a good idea for you to check the court file to see if the judgment against you was renewed.

The judgement was on 2003 and was satisfied in 2009.



The court does not "let [people] file" things or not. Rather, people file things, and then the court acts on them in whatever way is appropriate. And yes, lots of lawyers have P.O. Boxes.

Not here in Indiana. After researching I learned, this particular attorney acting on behalf of MedShield, bulk files thousands of cases in one small claims court that is not where the medical contracts were enforced nor in the county where the person lives. This particular township court is very difficult to reach by bus and those with financial difficulties usually cannot make the court date. In addition, it was found that in 99% of these cases, the judge isn't even in on those dates and the attorney would take people into a room and try to get them to sign contracts of repayment adding in $400+ attorney fee.....even those who did show up in front of a judge (at a later time) were not allowed to speak for themselves. There was an investigation done over this attorney, medshield and this particular court which spurred an Indiana Supreme Court investigation that found forum shopping. Something was going on between the court and judges and this particular attorney regarding millions of dollars. That was throught to have been remedied in 2013-2014 and now he is back at it again.

I paid the bill, fees etc via garnishment. I still do not understand why I am being asked to come back. I have contacted those who have already done the investigations on this and am receiving assistance.



What good will that do you in your case?

It won't, at least not right now. It's something I found in my research and something I will keep in my back pocket if it is found that this attorney is, indeed, breaking federal law (fair debt collections act)

 

[toydiva65]

I apologize, my answers to you are within your quote and I didn't change the text style.