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isfrustrated

Junior Member
What is the name of your state? Kentucky

My fiancee was served a few days ago, for a relatively small amount ($315). We're considering challenging it, though, and here's why:

This is an unpaid medical bill for what remains (after insurance) of doctor's fees following an endoscopy. My fiancee has had ongoing digestive problems/abdominal pain for 2 years. This Dr. was one of the first we saw in the process. He gave her an endoscopy, found normal results, prescribed an anti-ulcer medication, and told her she'd be "fine" (he didn't recommend other tests, follow-up visits, etc). AND she's had chronic neck pain ever since.

Since then, she's undergone (with other doctors) a number of other tests and emergency room visits (that we still owe for) until they finally found the problem (a non-functioning gall bladder) and surgically repaired it. As all this was going on she lost 2 jobs, and a number of these procedures were done without insurance coverage.

We're just now beginning the process of addressing all this debt, and this is the LAST bill we want to pay (if we have to at all). What's the most cost-effective way of challenging this? How should we phrase the answer to the court? Would it be advisable to counter-sue for medical bills following his useless procedure and advice?

Or, what are some general recommendations/advice as to how we should procede?

Note: The hospital bill for the endoscopy WAS much higher, and even after insurance we supposedly still owe $2000 for that part (still a relative drop in the bucket compared to some of the bills, though).
 


Debt Guy

Senior Member
In my opinion, your defense is not going to fly with the judge.

You received the service. Yes, you were unhappy but you should have addressed that issue way long time ago.

In theory, you can "challenge" the debt by filing with the court a complete denial and insisting on discovery to make the creditor prove you are the right person and that you owe anything.

There are two problems with that approach. First, it is dishonest. Second, if they convince the judge that you are the guilty party, then you look like a fool and have probably cost yourself a lot more money through attorney fees.

This is a small amount. In my opinion, either pay it and go on with life or ignore it and let them have their judgement and wage garnishment.
 

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