DOCTORS SERVICE FEE

In 1995 in NY state, I went to a doctor because of a cut, he put in 4 stiches. I gave him my insurance card and paid the insurance co payment. I thought it was a done deal now in 2001 the doctor is taking me to small claims court non payment of his fees $400. The insurance company I had in 1995 has been bought out by another insurance company. Is there any time limit for small cliams, also if the doctor has paperwork stating that the work was done , how can I verify if he submitted to the insurance company since the insurance company is not in business any more.

What are my chances at this case

My cursory research shows that NY has a 6 year SOL, making the court action very close to its expiration. I would suggest that you look at the specific dates of the last involvement on the bill and compare it against the actual court filing date.

If the SOL is not expired, then it sounds like you have a valid court action against you. If so, then you can send a Pre-Trial Discovery request to the 'other side' asking for copies of all documents, records, etc. that they have. If you are attempting to do this without an attorney, I would suggest that you get a book titled something like "How to win in Small Claims court in New York".
http://shop.barnesandnoble.com/booksearch/isbnInquiry.asp?userid=0KEH3TB86Y&mscssid=LSVEVMWP75408PG6QLX5JLT6W2AH26R3&isbn=1570711879

Finally, as to your chances... if the Doctor can show that the bills were valid AND you cannot show that they were paid (either by you or your insurance carrier), he probably will have a good case.

A debt is a debt, I wanted to pay a portion of the bill

But is there any thing in my favor if I havent received a bill for 4 years. I have tried to get information from the doctors office because I wanted to settle out of court. The only person in the doctors office who does the billing is having personal problems and has not been in the office a lot. I am still waiting for her to give me an itemized bill of what the doctor did 5 years 10 months ago. The doctor hired a laywer and he has the paper work.

I was looking for a compelling argument in my favor.
If I was to go to court and I lost would I have to pay interest on the loan as well as fees that the doctor paid to bring me to small claims court

Halket said:

My cursory research shows that NY has a 6 year SOL, making the court action very close to its expiration. I would suggest that you look at the specific dates of the last involvement on the bill and compare it against the actual court filing date.

If the SOL is not expired, then it sounds like you have a valid court action against you. If so, then you can send a Pre-Trial Discovery request to the 'other side' asking for copies of all documents, records, etc. that they have. If you are attempting to do this without an attorney, I would suggest that you get a book titled something like "How to win in Small Claims court in New York".
http://shop.barnesandnoble.com/booksearch/isbnInquiry.asp?userid=0KEH3TB86Y&mscssid=LSVEVMWP75408PG6QLX5JLT6W2AH26R3&isbn=1570711879

Finally, as to your chances... if the Doctor can show that the bills were valid AND you cannot show that they were paid (either by you or your insurance carrier), he probably will have a good case.

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