Interogatory + deposition on a $500. debt?

[Listerina]

A local attorney seems to be going a bit overboard with a $500. bill from a doctor my 70 year old sister saw in the spring of 2008. . Three of the six visits billed to and paid by medicare never happened, the treatments didn't take place, these appointments were never made.


She received notice he intended to sue in March. In April she responded to a three page Interrogatory that basically asked "Is this your debt?" several different ways. Now, still with a court case number but still no hearing date, he has scheduled a video-taped deposition in his office. He claims it will take about an hour.

His initial contact was a few months shy of the statute of limitations in our state for this type of debt, four years. Does having a case number give him an unlimited amount of time to try to wear her down ? She would rather just go to court and tell the judge what happened instead of being jerked around by this guy who we figure will hit her up for a "settlement". she is not willing to pay.

[sandyclaus]

Originally Posted by Listerina A local attorney seems to be going a bit overboard with a $500. bill from a doctor my 70 year old sister saw in the spring of 2008. . Three of the six visits billed to and paid by medicare never happened, the treatments didn't take place, these appointments were never made. She received notice he intended to sue in March. In April she responded to a three page Interrogatory that basically asked "Is this your debt?" several different ways. Now, still with a court case number but still no hearing date, he has scheduled a video-taped deposition in his office. He claims it will take about an hour. His initial contact was a few months shy of the statute of limitations in our state for this type of debt, four years. Does having a case number give him an unlimited amount of time to try to wear her down ? She would rather just go to court and tell the judge what happened instead of being jerked around by this guy who we figure will hit her up for a "settlement". she is not willing to pay.

Is there a particular reason she has decided not to pay this relatively small debt?

A creditor has every right to pursue a debtor to using methods that the law allows. Of course, for a $500 debt, one would assume they would use the Small Claims court system (since it is intended to streamline the legal process for smaller claims), but if the attorney wishes to pursue it the way they are doing, they are well within their rights to do so. And if they win the case against your sister, she would very likely be liable not only for the original $500, but all the attorney and court costs that were incurred to pursue payment of the debt.

As far as expecting to pay a settlement, that is a very good possibility. Since it is so, why doesn't she just go and make a settlement offer NOW, before the discovery process the attorney is investing in has been completed?

[Listerina]

She is willing to pay for the three visits that she did have, but not the co-pays for the three Medicare claims the doctor submitted in error (or otherwise). That's why she didn't pay the doctor in the first place. She had made small payments at every visit, each for a different amount. She assumed this was full payment of her share until she got a bill six months later. When she asked that the office look into charges for visits that she did not make, they said they'd get back to her. The next she heard was from this lawyer, three years later.

[goddessoflubboc]

If he has a valid case number something has been filed in court which would stop the statute clock, if it was filed on time. Your sister would have been served. You can go to the courthouse (and sometimes over the Internet) and see what was filed.