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Doctor's judgement

  • Thread starter Thread starter robpaton
  • Start date Start date

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robpaton

Guest
An ambulance chasing doctor won a Ohio small claims judgement for back co-pays. My checking account has been attached is being held by the court. I protested, as I have been receiving unemployment compensation. I am awaiting the clerks decision. I know I will lose as this man is in small claims court often, and is on first name basis with all court officers. He has now added an additional $800 for a second PI claim that has been settled months ago. He submitted bills late to my attorney that were never paid. I have no assets. I will never sell my house,and the bank owns my car.
I am willing to settle, but he keeps adding money to the bill, and refuses to give me an itemization. I had Blue Cross at the time of the accident, but he never submitted the bills, knowing he can do better in small claims court for the padded bills he submits. What is subragation? Can he claim money for bills he should have submitted to my medical insurance and my lawyer. What if I don't pay? The clerk issued a warrant for arrest w/$1000 bond against another patient who did not pay, and who did not show up in court the other day. It's a pain going to all these hearings, but If I don't show up, the clerk will have me arrested also, I fear.
 


JETX

Senior Member
Your post says that your checking account was levied against, and later that you get your funds from unemployment 'compensation'.

If the funds in the account were clearly not from 'personal earnings', they cannot be siezed per Ohio law.

"§ 2716.01 Garnishment of personal earnings or property of judgment debtor.
(A) A person who obtains a judgment against another person may garnish the personal earnings of the person against whom judgment was obtained only through a proceeding in garnishment of personal earnings and only in accordance with this chapter.
(B) A person who obtains a judgment against another person may garnish the property, other than personal earnings, of the person against whom judgment was obtained, if the property is in the possession of a person other than the person against whom judgment was obtained, only through a proceeding in garnishment and only in accordance with this chapter.
(C) As used in this chapter:
(1) "Employer" means a person who is required to withhold taxes out of payments of personal earnings made to a judgment debtor.
(2) "Personal earnings" means money, or any other consideration or thing of value, that is paid or due to a person in exchange for work, labor, or personal services provided by the person to an employer."
http://onlinedocs.andersonpublishin...ebtor%2E%3C%2FFD%3A%22Section%20Heading%22%3E

I suggest that you contact the court to find out the procedure for the return of your funds.

 

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