By the power of ATOT...

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rudder

Lifer
Nov 9, 2000
19,441
85
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I will win my court case

So I am being sued... a little under $500. I didn't think a collection agency would actually goto court for that little amount... but I guess the lawyers are getting crunched in this economy and working cheap. It is actually for $298 actual costs +$96.33 in lawyers fees + court fees. Anyway here is the lowdown... feel free to flame if you think I am in the wrong.

Mid 2005 - Get referred to ortho doc
Dec. 2005 - Doc performs surgery
January 1, 2006 insurance changes through work.
January - February - visit doc weekly for post op visits (covered under old insurance, no copay for these visits)
Feb 17th 2006 - Shoulder is hurting like a mofo so I get a cortizone injection (new insurance $25 copay)
Summer 2006 - bam ooops hurt shoulder again
January 2007 - Surgery number 2 on same shoulder
Summer 2007 - all is good.
December 2007 - get letter in mail saying I owe $25 to doctors office. So I figured I issed a copay in between postop visits and other followup visits that require copay. I ignore it because I have anniversary appt on Jan. 10, 2008 and will take care of it then.
January 5thish 2008 - Get a collection letter from some agency saying I owe $289 + collection fees. My appointment gets cancelled


So eventually I find out that the cortizone shot I got in February 2006 was not covered by insurance. I verify with the new insurance company that it should be covered. They have no record of claim. So it dawns on me that the doctors office filed it under the old insurance when it should have been fined under new insurance. I finally get paperwork from the collection agency and it clearly shows the old insurance company denied the claim. I call the ortho docs office. They do not fix it. Probably because the new insurance says the claim is too old.

Collection agency keeps bugging me I tell them to call the doctors office and stop bugging me.

So last week a sheriffs office came to work and dropped off a summons. I go to court over $488.08 on June 23rd.

I need the brainpower of ATOT to help me win this thing because I am not backing down. I feel ortho doctors office made a mistake, constantly ignored me, and even cancelled my anniversary checkup.

Problems I think will hurt:

- The collection agency may have sent some documentation along with the initial letter allowing me 30 days to dispute debt. It probably went in the trash.
- I am sure I did sign an agreement at the doctors office stating I would be financially responsible for charges not covered/denied by insurance.

Plusses for my case:

- There was no lapse in insurance.
- I had a second surgery, several pre-surgical visits, an MRI, and a 2nd cortizone shot under my new insurance.
- I attempted on many occassions to have them correct the wrong information.

Questions:

How to I issue a subpeona for someone to appear in court? I intend on issuing a supeona to the office manager. I know whatever system they uses allows them to keep notes. During the months of calling to get the issue fixed the staff referred to notes from previous calls.


What I have collected so far:

Banks statements showing copays.
Copies of insurance policy showing coverage beginning on 1-1-2006.

Am I ready for the court battle of the century?
 

Craig234

Lifer
May 1, 2006
38,548
348
126
It sounds to me like you have a case based on what you said.

Small claims court (I assume this is in there) has help available on how to do things like get witnesses, call them for help.

I don't think it'll hurt you much not to have responded to the collection agency. The issue is whether you owe the debt.

I'd say, point out it was their error on the billing, and you tried to contact the office when you became aware of the issue.

If you were slow to respond to the collections and that caused the claim to become too old, that might be an issue.
 

rudder

Lifer
Nov 9, 2000
19,441
85
91
By the power of moderators.. move my thread! Too many windows open FTL!
 

rudder

Lifer
Nov 9, 2000
19,441
85
91
Originally posted by: oldsmoboat
Provide them with the receipt.
Case closed.

copay is not in question. Copay was the same for both insurance companies. They just sent it to the wrong one and want me to pay. I think it is a slam dunk case... but want to be sure.
 
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