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theft by conversion

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2nervous

Junior Member
What is the name of your state (only U.S. law)? Georgia

On july 12, 2007 my son received surgery from a medical provider outside of our insurance network. my insurance company sent me the check (in my name) and my wife deposited it. for reasons outside of my control, a portion of that money was spent to where i could not pay the total amount. the medical provider refused partial payment and also any attempt to come up with a payment plan alternative. i did not enter into a contract with my insurance provider to expressly use this money for the services provided, yet the medical provider filed with the district attorney a suit of theft by conversion. being that i did not receice this money from the provider, can they alledge theft by conversion? and being that my wife signed all contracts regarding payment and medical care, can they legally pursue me? i am ordered to appear to establish propable cause soon. being that it was not my intention to shaft these people out of thier money, can propable cause be shown?
thank you for any help.
 


Zigner

Senior Member, Non-Attorney
Get a lawyer - this is not an issue that an internet forum will help you with.
 

2nervous

Junior Member
I have to agree. "I didn't mean to" is not a defense under the law.
theft by conversion definitions dont seem to cover this, though. the insurance check was made out to me and i did not agree to use it expressly for this service. also it is not the insurance company who is alleging this crime. i did not receive money or property from the medical provider. it seems like it would be more a crime of theft of services. not that its any better.
 

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