Long question but want to give as much info as I can-so back in Jan. cut my finger. Had to go to ortho surgeon out of network on my ins. Signed waiver that I'd give them any checks I got form insurance. Gave 2 totaling $2500. In May they sent me a nasty statement billing for the remainder so I called and told them the truth--I hadn't gotten another check. They told me on the phone they were sorry, I shouldn't have been billed and they'd write off the remaineder.
2 days later a check for 5 grand showed up. I held it in my bank for 3 weeks, presumably waiting for any further bill from the surgeon's office. Since I didn't get one I put the money toward bills.
Yesterday I received notice that I missed 2 certified letters from District Court. They're suing me for breach of contract.
I can pay the debt, about 100 bucks a month. Beyond calling the surgeon's office to work it out do I have any other recourse?
Answers:
You are stuck. It doesn't matter that there was a verbal agreement at all. The verbal agreement won't hold up because it doesn't stand up to the Statute of Frauds. I suggest you pay up.
Using money that is not yours, and that you have already agreed in writing to pay directly to someone else, is called theft. I suggest you find a way to pay them whatever they ask.
If this goes to court, you will be found guilty. Criminal charges could also put you in jail if this goes to your district attorney.
Not only should you be charged with Insurance Fraud, you can also be sued for recovery of the $5,000, legal and court costs.
The situation is quite clear, you breached the agreement with the medical provider regardless of what excuse you now use to justify the spending of monies you were not entitled to have.
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