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creditor got judgement wrongfully


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To make a long story short, my husband was hurt at work. One of the doctors failed to bill workers comp. After informing them several times who to send the bill to they turned the bill over to collections. I told the collection agency it was a workers comp claim and also informed workers comp. Workers comp contacted them twice informing them they would take care of the bill if they would send them the information. They REFUSED... Instead they turned it over to an attorney who in turn got a judgement against my husband. This has been a nightmare. Workers comp sent a letter to the attorney informing him that they are going to pay the bill and that the collection agency failed to turn over the information necessary to pay the bill. My question is, is there any recourse I can take against the collection agency for failing to collect against workers comp? Also can we get that judgement off his credit report?

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How old is the judgment?

In either case, you'll need to file Motion To Vacate NOW. There's obvious mistakes here and the judgment was brought forth wrongly.

You'll probably have to declare some type of excusable neglect or unavoidable accident in bringing your MTV later than what your State law or local court rules dictate. Failure to do so may get your Motion automatically denied.

You need to get this judgment vacated. Otherwise, if they got default, they can exercise collection efforts.

There's definite neglect on the part of the collector and in the doctor not properly billing the Workers Comp. You have sufficient support from Workers Comp to prove the ability for doctor to get paid in the first place.

Now if you're heard and your MTV gets denied, that's OK. It re-opens it for appeal.

Try to find an atty who could take the case on contigency or poke around the site here to get some ideas if you have go it alone.

Good Luck!

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