What to do if I received services from a dentist 5 years ago and he failed to file a claim with the dental insurance in the time given of 13 months?

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What to do if I received services from a dentist 5 years ago and he failed to file a claim with the dental insurance in the time given of 13 months?

He is suing me now for $3,700 can he do that? I am filing a motion to set aside a judgement what are the chances that it will be set aside?

Asked on October 1, 2012 under Bankruptcy Law, Utah

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The problem that you have is that you have a default judgment against you presumably. In order to set it aside you have to demonstrate that it and the default was entered through mistake, inadvertence or excusable neglect.

The chances for setting aside the default and default judgment are 50/50 based upon my experience in such matters.

The problem I see for your dentist assuming you get the default and default judgment set aside is explaining why he failed to submit his bill to your dental insurer assuming such information was on file with his office.


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