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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I live in VA Beach VA. A local hospital group has taken $400

Customer Question

I live in VA Beach VA. A local hospital group has taken $400 from my checking account (this happened 3 years ago and I just noticed it). They also made me pay for items covered by my insurance.
I have contacted them but they will not cooperate with me. Please advise me what to do.
Thank You,
Tania L Lasher
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.

I am sorry to learn of this situation. You can file a small claims suit against them for breach of contract and fraud (the statute of limitations for fraud is 2 years - you can make an argument that there is a "delayed discovery", I don't think you will win this argument, but you can try - they will argue that you had access to your bank records and due diligence in reviewing them should have alerted you to the debit - a court is probably going to agree with them), the statute of limitations for breach of contract is 5 years and will cover your claim.

You can find information on small claims court in VA here: http://www.courts.state.va.us/resources/small_claims_court_procedures.pdf

You can also report the matter to the VA Attorney General's Office (the AG does not prosecute individual rights or claims, so they will not get your money back for you, but they do investigate claims of fraudulent business practices and can take administrative or criminal enforcement measures): http://www.oag.state.va.us/index.php/citizen-resources/file-a-consumer-complaint

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