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  • From: Scott Chilcote <scottchilcote AT earthlink.net>
  • To: "Internetworkers: http://www.ibiblio.org/internetworkers/" <internetworkers AT lists.ibiblio.org>
  • Subject: Re: [internetworkers] Small claims question
  • Date: Sat, 14 Oct 2006 11:01:46 -0400

Ruth Suehle wrote:
File this under "way off topic if there even is a topic"...

My husband went to the dentist in July 2004. The dentist's office didn't
file the claim with insurance until December 2005, so the insurance company
rejected it because the time limit to file had expired. Now the dentist is
taking him to small claims court to make him pay up. Now logically to me,
this is entirely the dentist's fault for not filing the claim in a timely
fashion. Is this an easy case of telling that to the court and walking away,
or am I missing something?

Ruth

It might be worth checking to see if your husband signed a statement of responsibility for payment when he completed the initial paperwork to begin using this dentist. I recall having been required to sign such a document couple of times when I first began using a medical service.

If he did sign one, there is a contractual obligation to provide payment. The wording of that contract would then play a major role in the court's decision. He would probably have been given a copy, which you could have read by an attorney.

--
Scott C.




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