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Protection from seizure from a judgement.
Anonymous1 views2 answers
I have a judgement against me for Stony Brook Hospital they charged me 3000% of what insurance co would pay for a 4 day stay in the psychiatric ward. $28,000. I had this since 2008 I recently got a workers comp settlement and I put the money into my fiancée account. I didn't know the money was exempt from seizure. Now that the money is in my fiancée account we are breaking up and I want to know how I can put this money in my own bank account and not have it seized since it is workers comp money. I also tried to fight the debt of $28,000 because at the time of the hospital stay I qualified for Medicaid and there is a NY law that states that " a hospital can't put someone in collections for a debt that occurred while they qualified for Medicaid NYHFAL law 2007 they took me to court in 2008
I believe that you can be assisted by a bankruptcy filing. However, transferring property to anyone prior to a bankruptcy or if you have a judgment against you opens you up to a fraudulent conveyance attack by the judgment creditor outside a bankruptcy or the trustee in a bankruptcy.
There are ways to handle your situation but it is not appropriate for me to go into detail on this website.
I would urge you immediately to contact a reputable, knowledgeable and experienced bankruptcy attorney to assist you with this so that your award could be protected. We and some other bankruptcy attorneys offer free consultations. Best of luck, Barbie D. Lieber
I advise you ask your fiancee to give you the money back. If push comes to shove then you will probably need to consider retaining an attorney to discuss your rights and enforce them as it relates to the money in your fiancee's account.
As for dealing with the judgment, bankruptcy seems like a viable option, especially since I think the judgment creditor has 20 years to collect the judgment. As such, I'd contact a bankruptcy attorney.
