Denver, CO asked in Collections for Colorado

Q: I’m being sued by a collection company for a doctor visit that would have been covered by my insurance

The doctor office never billed insurance, did not notify me of the outstanding bill for a year despite me have numerous visits after the unpaid date. By the time I was notified it was outside the contracted time for the insurance to pay. The bill is excessive, $800+ for one infant checkup. I have court on Monday. Can I argue surprise medical bill? Or negligence on the doctors staff?

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1 Lawyer Answer
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Collections Lawyer
  • Jacksonville, FL

A: You can argue anything you like, but you could have also paid it or entered into a payment plan with the doctor's office well before suit was filed. If your response is that you didn't have the money, that's not a legal defense to the complaint. Additionally, you are responsible for payment. Insurance may stand-in for you, but ultimately its up to you to pay. Granted, the office is not completely clen here, but I'm not sure that their lateness will absolve you of the debt. But you never know what the judge will decide. Make your argument.

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