How do I get a levy vacated as I never received a summons to appear and my ex-husband was ordered to pay?

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How do I get a levy vacated as I never received a summons to appear and my ex-husband was ordered to pay?

I took my daughter to the doctor and she needed to have surgery. This all went through my ex-husband’s insurance as he is responsible for carrying medical coverage for his daughters. The doctor came after me for the money that was to be paid by the insurance company. The insurer sent the check to my ex-husband who cashed the check and never paid the bill. The doctor’s office proceeded with collection. I went to county court as action pertaining to divorce agreement. They ordered him to pay it. Sent this information to doctor and lawyer and it was ignored.

Asked on April 14, 2011 under Bankruptcy Law, New Jersey

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need a lawyer and you need to begin disputing this to your credit reporting agencies. Further, you need to contact the insurance company and the insurance department and state attorney general in your state and file complaints. You should also consider contacting the police because your ex husband essentially stole the money. Further, please understand that when you went with your daughter and signed paperwork for her surgery, you did sign documentation indicating that whatever the insurance company did not cover, you would have to pay out of pocket. So this is how you fight it. You need to put everything in writing and indicate to the doctors and the insurance company that the insurance company needs to pay this and seek reimbursement from your ex husband because he essentially stole the money. Those monies should have been paid directly to the medical provider and not him. If the court ordered him to pay it, use the court order to fight it with your credit reporting agencies and show all of the entities and people I mentioned above that you are not responsible for payment. Your complaint to the insurance department is essentially that the insurance company practices bad faith and breach of contract and failed to cover your daughter's care by negligently and or purposefully paying out in cash to a party who a) did not have the medical procedure and b) not covering the medical bills for the patient as it is contracted to do.


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