What would my “answer” be in small claims court for a medical bill?

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What would my “answer” be in small claims court for a medical bill?

I am being taken to court for a $400 medical bill. The bill was sent to collections while I fought with my insurance. The insurance was unwilling to pay because of the way it was coded. The doctors office was unwilling to recode. When I contacted the doc to make payments they said they did not accept payments. I made a few payments before this (bill originally $700). When I received my summons I contacted the lawyer. He demanded I pay in full and tacked on an extra $290 in fees. What would my answer be in court?

Asked on October 8, 2011 under Bankruptcy Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In most small claims actions where liability for the claim is denied, the defendnat answers the complaint denying the claim and asserting as many affirmative defenses to the complaint as he or she can.

In your instance, you might consider asserting various defenses including, but not limited to the fact that your insurance carrier is responsible for the medical bill.

Another tactic you might wish to consider is that when you file your answer, you file a cross complaint against your insurance carrier claiming that it is responsible ultimately for the monies claimed for the $400.00 medical bill at issue. You would then need to serve your insurance carrier with the summons and your cross complaint for this dispute.

Good luck.


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