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What type of attorney do I need/ what do I do in this situation?
Anonymous3 views2 answers
Many years back I had a root canal done, I assumed the insurance would be covering the sum and had the means to pay the remaining and deductible. However after I got out of surgery (on anesthesia and not really cogent) the secretary told me it would be the full amount now and they would refund my card when the insurance company paid for it, and then they signed my up for a care credit card(against my wishes). Later the dentist informed me the card had been refunded.
The card company claims this never happened despite many attempts to provide them with documentation that would clear my debt. They refused to tell me where to send such documentation and one such call an employee flat out yelled at me. They have been harassing me for years and are now garnishing my wages.
If they are garnishing wages, that means you were sued and the creditor obtained a judgement against you. Unfortunately, that was your opportunity to fight. I am afraid you have already lost this war.
See my article on what to do about unknown judgements, but not trust a hope, you may have let this go too far to undo. http://www.attorneyqna.com/legal-guides/ugc/you-have-a-debt-collection-judgment-against-you-but-werent-notified-of-the-lawsuit
You might have to consider talking to a bankruptcy attorney.
If a garnishment has been issued, that means that you were sued. Your chance to raise defenses to the claim is past. You can copy your file at the courthouse and review it with an attorney to see if you were properly served to start the lawsuit, but if you were then your chance to fight this is past. If that is the case, then your only options are to pay the debt or file for bankruptcy protection.
