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Vacating Judgments in Long Island
Understanding How Default Judgments Work
If you've been struggling with debt for quite some time, the notices you've received may have started to pile up. In other cases, you may not even be aware that you were asked to show up for a court hearing. Unfortunately, if you do not enter a response to a complaint or show up to your court hearing, the court may issue a default judgment in favor of the creditor.
At the Law Office of Gregory A. Goodman, P.C., we take action on behalf of clients who've had judgments issued against them without being properly informed about the lawsuit. Our Long Island judgments attorney can work with you to protect your rights and possibly get the judgment vacated. We also represent clients in lemon law violation cases.
Challenging Default Judgments in Long Island
If you were summoned to appear in court and did not appear, you could be at risk of a default judgment. This could result in your wages being garnished, your assets being seized, or other actions that negatively affect your finances. Additionally, you could be asked to pay attorney's fees in addition to the creditor's complaint. Fortunately, we have defense strategies to challenge the default judgment. You will need to provide a reasonable excuse for why you didn't respond and that you did act promptly upon receiving any notice.
A few common defenses to default judgments include:
- The debt collector lied regarding sending notices to the debtor
- A case of identity theft where the debtor was not aware of the debt
- Failure of the debt collectors to serve notices
Vacating Judgments to Make Your Life Easier
If you've become victim to debt collector actions like wage garnishments or asset seizure, you may be panicking. Contesting a judgment on your own may seem next to impossible. The process of doing so is incredibly confusing and there are many steps involved. Fortunately, at the Law Office of Gregory A. Goodman, P.C., our judgments attorney work toward allowing for judgments to be vacated. We are aware of the actions that can be taken on our clients' behalf and how to best do so.
Consequences of Default Judgments
Sometimes, these judgments can result in your entire financial world being turned upside down. If you fail to appear for your debt hearing, your creditor could demand that your bank accounts be frozen and that your credit be recorded in default, even if this was not accurate. Speak with us about unfreezing bank accounts and fighting credit reporting violations.
To learn how we can help with your unique case, call us at (800) 242-3740 for a free case consultation.
If you have just been involved in an automobile accident—no matter how severe you think it is—there are several important things you keep in mind to preserve and protect your rights under the law.
Here are a few important steps and actions you should follow immediately following your accident:
- Seek immediate medical attention if injured. Be sure to document everything.
- Inform any and all healthcare providers of your injuries, complaints, medical history, and pain. Tell your doctors each and every area of pain, no matter how slight the pain is. Properly and honestly documenting your complaints can be the difference between successfully recovering on your case.
- Take photos of any and all injuries.
- Take photos of any vehicles involved in an accident.
- Take photos of your car—documentation is vital.
- Report to the police if they did not arrive.
- Get a copy of the police report.
- Review police report and make corrections with a police officer.
- Keep a detailed accounting of any expenses you have accrued as a result of your accident, including gas and mileage costs incurred from traveling to and from your doctor’s office for treatment related to injuries sustained from your automobile accident, lost time from work, unpaid bills, co-pays if applicable, etc.
- Immediately contact and report a claim to your insurance carrier A.S.A.P. (There are strict time requirements and documents you need to send to your insurance carrier. We can fully assist you with this process and handle most of these actions for you when retained)
- Complete and submit an application for a no-fault insurance claim (NF-2), which will enable you to receive medical treatment for the injuries you sustained in your automobile accident.
- Get an insurance claim number from your insurance carrier and the defendant’s carrier.
- Contact us immediately to discuss and preserve your rights. We will offer you a free consultation.
Along with what you should do, here are some important things not to do:
- Do not discuss or share any of the details of your accident or injuries with anyone except your attorneys.
- Do not post any details or photos regarding the details of your accident and injuries to Facebook, Twitter, or any other social media account. This information can be used against you and is often discoverable, which means you may have to share this information with the defendant should you pursue a lawsuit.
- Do not spare any details to your healthcare provider about the full extent of your injuries. Documenting the full details of your injuries and complaints can increase the chances of your success. Failure to document and failure to disclose honestly the details can result in decreasing your chances of recovery on your claim.
- Do not enter into an agreement with an insurance carrier without first consulting and retaining an experienced personal injury trial lawyer. Sometimes, when an insurance carrier knows they are liable, they may try to offer the victim money in an effort to save money. Their strategy is to get to you before you seek legal representation and before you know your legal rights.
Property owners are expected to keep their premises safe. If you injured yourself in a slip and fall accident, you need to prove that the owner likely knew about the dangerous area, failed to repair it, and failed to warn people about the dangerous condition. Photo evidence is crucial, as well as proof of the owner’s awareness of the defect and their failure to repair it. It also helps to have a Long Island personal injury lawyer on your side who can help you establish a strong case for compensation for your injuries.
The goal of no-fault insurance is to make sure all victims of an accident are cared for, regardless of who caused the accident. This means the insurance policy should cover medical costs and hospitalization fees, lost wages, and any funeral expenses incurred.
As a physician, can an insurance carrier withhold payment of my fee if I split fees with a billing agency?No. Splitting fees with a management company is not a crime. In 2015, an insurance carrier tried to withhold payment of a provider’s medical fees by claiming that their management agency—which collected 6% of their total costs—was not medical staff. This was an attempt to argue that the healthcare provider was committing fraud, but the court ruled against the insurance carrier.
Yes. If you want to be reimbursed for medical costs, you are required by law to appear. However, you do not have to appear alone. The Law Office of Gregory A. Goodman, P.C. can represent you during your EUO to help you avoid making any statements that would injure your ability to obtain full and fair compensation.