Sued by dentist
Date: Mon, 04/04/2011 - 21:38
About a year ago, I visited a dentist who talked me into getting a deep cleaning. Before getting the procedure, I had them check with my insurance company that it was in fact covered under my policy and what my exact co-pay would be. I then paid the requested co-pay and never gave it a second thought. To my surprise, a few months later, I started getting calls from a law office which they had retained to collect over $1,200 from me.
Apparently, they did not agree with the prices set by the insurance company and instead decided to come after me for the full amount. I refused to pay. I remember when I went to that dental office my first question was if they accepted my insurance company. I only did business with them after they told me that they did. They then filed a suit against me in small claims court.
I responded with a motion for discovery where I asked them to provide whatever paperwork I had signed where I agreed to pay if the insurance company refused to pay them. They were not able to provide that. I also asked for the copy of the bills and attempts they have made to collect from the insurance company. That was sent to me but, I noticed that the insurance company had repeatedly asked them to submit proof of certain treatments and at the end payment was denied because they did not comply with those requests. Instead of dealing with the insurance company and its lawyers, they felt it would be easier to come after me.
I recently received a set of interrogatories from them. I intend to file a motion to dismiss instead of responding to the interrogatories. I feel they have no basis for their case but I need to put it in legal terms for my motion to dismiss to be valid. What legal argument could I present to support my motion to dismiss with prejudice? The amount claimed is incorrect since they did not take my co-pay into consideration; they did not provide me with a copy of their contract with the insurance company as requested in the discovery; they have no document signed by me to acknowledge the so-called debt where I agreed to pay if the insurance company did not come through, etc... Thanks and sorry for the long post.
Apparently, they did not agree with the prices set by the insurance company and instead decided to come after me for the full amount. I refused to pay. I remember when I went to that dental office my first question was if they accepted my insurance company. I only did business with them after they told me that they did. They then filed a suit against me in small claims court.
I responded with a motion for discovery where I asked them to provide whatever paperwork I had signed where I agreed to pay if the insurance company refused to pay them. They were not able to provide that. I also asked for the copy of the bills and attempts they have made to collect from the insurance company. That was sent to me but, I noticed that the insurance company had repeatedly asked them to submit proof of certain treatments and at the end payment was denied because they did not comply with those requests. Instead of dealing with the insurance company and its lawyers, they felt it would be easier to come after me.
I recently received a set of interrogatories from them. I intend to file a motion to dismiss instead of responding to the interrogatories. I feel they have no basis for their case but I need to put it in legal terms for my motion to dismiss to be valid. What legal argument could I present to support my motion to dismiss with prejudice? The amount claimed is incorrect since they did not take my co-pay into consideration; they did not provide me with a copy of their contract with the insurance company as requested in the discovery; they have no document signed by me to acknowledge the so-called debt where I agreed to pay if the insurance company did not come through, etc... Thanks and sorry for the long post.
Hi! Welcome to the forums! If you have been served with summon
Hi!
Welcome to the forums!
If you have been served with summons, then you should give a reply to it. You should refute the complaints with relevant documents. They came after you as they thought it will be easier to get the money from you. In your reply, you should include all the points you have mentioned above. You can also consult a lawyer to draft a proper reply. Since they don't have any copy of the contract signed by you, I don't think they will be able to establish in the court.
