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ScottyMacEsq
ScottyMacEsq, Attorney
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Experience:  Licensed Texas General Practice Attorney
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I had a medical procedure 4 years ago. I never heard anything

Resolved Question:

I had a medical procedure 4 years ago. I never heard anything from the doctor until 3 years and 9 months later I received a collection letter from an attorney. All other providers filed with my insurance and were paid in full. He is now suing me for the full amount. Can that really happen? Had he filed I would only owe his co-pay! He never billed so I was aware of a balance! Help!
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear about your situation. If the time limits for filing a claim on your policy have lapsed, and he represented that he would file with the insurance but failed to, AND never indicated to you that there was a balance, etc... so that you could file with the insurance company, then you could have a defense in that his misrepresentations were the cause of his injury, rather than your "breach" or non-payment of the debt. That is, he would have "unclean hands" in this regard.

ScottyMacEsq :

Now that being said, if you have already been sued, in that there is an active case, it would be a good idea to get an attorney, because you could still lose on a procedural matter, or if you failed to answer. While you do have a good defense, it does still need to be properly presented in court. Now if you were sued in small claims court, that would be different, in that you could represent yourself in small claims court without an attorney. Small claims court is more equitable, and not as focused on procedure or rules of evidence, and as such you do not need an attorney to represent yourself in small claims court.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

It's to be before a judge in Circuit Court. I believe the amount, $2,345 plus his attorney fees is too large for small claims. I was left with a large facial scar that I never pursued. I also should have reported him to AMA as he was inappropriate the day of the procedure and now this! I thought it was long paid and done with.

ScottyMacEsq :

You could still file a complaint based on his billing practices, since this was "discovered" by you recently. But as for the facial scars, etc... that were known 4 years ago, I am sorry to say that it would be too late for those.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 12114
Experience: Licensed Texas General Practice Attorney
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ScottyMacEsq
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