lawyer wiped out bank account

[peaches370]

What is the name of your state? tn.i owed hospital money which was insurance ded.i was billed for over $1000 and i questioned it and never got a reply.i was served summons and i called their attorney to see if court date could be changed.his helper said it would not go to court if i paid 75.00 a month so i said ok.i made one pymt. but on my job i was dealing with injury and i developed arthritis.i was fired in april 2003 and drawed unemployment for 39 weeks.i called this attorney and told his helper my circumstances and i also asked for a copy of hospital bill.she said ok.i waited all this time to hear from them but never did.today my bank sent me a card saying my account was overdrawed and when i called all they could give me was a phone number and said it was a garnishment.i called and found out it was this lawyer and his helper said that they could do this because i agreed to a judgement.i said i did not.anyway i have no job no money and the money they took was tax refund and child support for my grandaughter.i was never notified by this lawyer or the court about a judgement.was this legal?can i get the money back?please advise

 

[I AM ALWAYS LIABLE]

What is the name of your state? tn.i owed hospital money which was insurance ded.i was billed for over $1000 and i questioned it and never got a reply.i was served summons and i called their attorney to see if court date could be changed.his helper said it would not go to court if i paid 75.00 a month so i said ok.i made one pymt. but on my job i was dealing with injury and i developed arthritis.i was fired in april 2003 and drawed unemployment for 39 weeks.i called this attorney and told his helper my circumstances and i also asked for a copy of hospital bill.she said ok.i waited all this time to hear from them but never did.today my bank sent me a card saying my account was overdrawed and when i called all they could give me was a phone number and said it was a garnishment.i called and found out it was this lawyer and his helper said that they could do this because i agreed to a judgement.i said i did not.anyway i have no job no money and the money they took was tax refund and child support for my grandaughter.i was never notified by this lawyer or the court about a judgement.was this legal?can i get the money back?please advise

My response:

When you made this agreement, did the law office send you some papers to sign? If so, did you make copies for your files?

IAAL

 

[peaches370]

the lawyer never sent anything for me to sign.i just said i would pay 75.00 a month.i don't understand how that is supposed to be an agreement for a judgement

 

[I AM ALWAYS LIABLE]

the lawyer never sent anything for me to sign.i just said i would pay 75.00 a month.i don't understand how that is supposed to be an agreement for a judgement

My response:

Well, then you had to have been served with a lawsuit, and you failed to pay any attention to it. If that happened, then they received a judgment against you, and they executed a writ against your bank account.

Sorry, but there's no way you're getting your money back.

IAAL

 

[peaches370]

i was served with a subpoena and that is when i called to see if the court date could be changed and that is when all this happened.i t was my understanding from the lawyers helper that nobody went to court,i guess they filed something with the court saying i would pay 75.00 a month.i thought some income was exempt and the money came from my unemployment and from tax refund which i only got because i claimed my grandchild that i have custody of

 

[I AM ALWAYS LIABLE]

i was served with a subpoena and that is when i called to see if the court date could be changed and that is when all this happened.i t was my understanding from the lawyers helper that nobody went to court,i guess they filed something with the court saying i would pay 75.00 a month.i thought some income was exempt and the money came from my unemployment and from tax refund which i only got because i claimed my grandchild that i have custody of

My response:

Go take a look at your copies. It wasn't a Subpoena - - it was a Summons. Calling the attorney DID NOT "cancel" the lawsuit against you.

It doesn't matter that the money was from your unemployment benefits, and it doesn't matter that the money was from your Income Tax refund. None of that is "exempt" money.

While you have grandchildren to care for, the hospital has patients to care for, and employees to pay, and a building to pay for, and electricity to pay for, and the list goes on and on, so that others may benefit from their services.

You needed to pay what you owed. The attorney just made you pay quicker.

IAAL

 

[Ladynred]

To try and clarify a bit - the lawyer's 'helper' fed you a line of B.S. ! You might have been better off going to court. That nonsense about 'no one goes to court' was a crock of crap. They tell people that so they can win by default when you don't fine an Answer and when you don't show up in court.

What happened was you agreed to make payments and they took that to the court as a Consent to Judgment - so they got their judgment. The stipulation to that is that as long as you kept up the payments, they would leave you alone. However, as soon as you missed payments, they have that judgment that said they could use all legal means to then collect the money.. and they did.

The Child Support money you *might* be able to get back, but you'll have to contest the levy of your bank account with the court and show what amount of that was for legal child support .

 

[peaches370]

i went to court house today and filed motion to quash judgement and got a court date on 4/16.unemployment benefits,ssi,social security.afdc and other types of income is exempt in Tn.even if i lose at least i will get the chance to let a judge know what a lying lowdown sob a certain lawyer is.

 

[I AM ALWAYS LIABLE]

i went to court house today and filed motion to quash judgement and got a court date on 4/16.unemployment benefits,ssi,social security.afdc and other types of income is exempt in Tn.even if i lose at least i will get the chance to let a judge know what a lying lowdown sob a certain lawyer is.

My response:

"Lying, lowdown sob"?

Hey, who's the deadbeat that HAD to be sued in order to collect an outstanding medical bill - - even though you had an opportunity to pay BEFORE being sued?

I think you're slinging mud in the wrong direction, and that you have your adjectives back asswards.

IAAL

 

[cf6-80c2]

yes yes yes

I agree 100%

you were not overcharged for anything and I am sure your insurance co paid all they were supposed to.

Just roll over like IAM ALWAYS LIPPING advises (as he is always correct) and do not stand up for yourself.

Advice like that on this free forum is priceless and should be heeded by the easily intimidated.

 

[I AM ALWAYS LIABLE]

yes yes yes

I agree 100%

you were not overcharged for anything and I am sure your insurance co paid all they were supposed to.

MY RESPONSE: The time for checking the hospital bill and whether the insurance paid for everything they should have is LONG past. The issue is now the subject of a lawsuit. Those issues should have been dealt with long ago, but weren't.


Just roll over like IAM ALWAYS LIPPING advises (as he is always correct) and do not stand up for yourself.

MY RESPONSE: Stupid comments do not make you correct. She's going to get a chance to "stand up" for herself. It's called a lawsuit, and coming up with a defense.



Advice like that on this free forum is priceless and should be heeded by the easily intimidated.

MY RESPONSE: Hey, it's the truth. I only speak the truth. I don't know "Hillbilly Law". Apparently, you do.

IAAL

 

[cf6-80c2]

Hey,
Like I said,
I agree 100%
Right on! You da man!
You cant argue with elapsed statute allowable time to file an answer to a petition anyway!
or can you?
I wouldn't want to trick you into helping a deadbeat so just nod if I'm right

 

[I AM ALWAYS LIABLE]

Hey,
Like I said,
I agree 100%
Right on! You da man!
You cant argue with elapsed statute allowable time to file an answer to a petition anyway!
or can you?
I wouldn't want to trick you into helping a deadbeat so just nod if I'm right

My response:

What does "elapsed statute allowable time to file an answer to a petition anyway" mean? What are you saying?

Look, if you're going to use pseudo legalese, at least make it make sense.

IAAL

 

[cf6-80c2]

we both know my posts will be deleted by tomorrow, so concentration would be counterproductive to the buzz I am now enjoying.
As my thoughtful and educating posts have all been deleted it makes no sense for me to put much thought into my new ones.

 

[peaches370]

hillbilly law?i am not a hillbilly!if a "hillbilly law" was doing you any good then i assume you would be all for it.also my insurance company paid for their part.i was charged for 2 MRI's as an outpatient and i only had 1 and my part was 500.00 and i will not pay anyone for something i did not get.if you want to read the "hillbilly law"then go to www.tennesseeanytime.org.this law is the same in alot of states and it is there to protect people from greedy predators.