Daunted by Interrogatories

[legally challenged]

Hello everyone,

Please let me begin by saying I'm grateful for this forum and appreciate any advice that can be offered.

I'm being sued by a dentist who has been billing me for a past due account and has now placed the account into collection. The services I've been billed for exceed the estimated cost discussed during the initial visit & no information regarding the proceedures being performed was ever provided. I only requested & approved a root canal but the dentist claims to have done extensive work on a variety of teeth. During each visit I was told I had to return for follow up examinations which I belived were related to the root canal. I know this all sound very naive but I have no recollection of the extensive proceedures I'm being charged for and since I was rarely asked for payment (which was required at time of service) I had no idea they were racking up charges. I don't object to paying a reasonible amount for services requested and received but I intend to fight the excessive charges for treatments they claim were performed without disclosure of cost or apporval. When I was finally informed there was a large balance due I became furious. All attempts to discuss the situation with the office representative resulted in her refusal to speak with me.

Now I have interrogatories for services which date back to 2005 and am baffled as to how to answer.

The 1st question-

State in detail (a) what payments were made by you to plaintiff, ( the dates, manner and amount of each payment © if any credits or set-offs other than such payments are claimed, set forth the nature and amount thereof (d) attach hereto copies of all checks and receipts pertianing to such payments.

I have a detail from the dentist of payments & charges, is that what I present? I made a few payments by cash and credit card which are in the detailed accounting, as well as some insurance payments (although my full insurance benefit was never satisfied) I don't know how to object to the charges for services not requested or disclosed nor have I saved receipts from more than 3 years ago.

Another question, which seems to be an obvious attempt to have me agree to guilt reads:

State what amount is owed by plaintiff on account of the indebtedness upon which this suit is based.

I then have to address the question regarding my defense, among others. I'm totally lost.

Does anyone have a suggestion?

Thank you for taking the time to read this long plea for help.

Legally Challenged

[admin]

In order to help you with this, we would need to see how you answered the initial summons and complaint.

[legally challenged]

The summons & complaint were answered on line. The court web site had a choice of standard replies & the one I choose was (to para phrase) "Amount is not correct." There was an initial court date on the summons than a letter arrived a few days later stating the court date was posponed. I sent a letter to the collection agency (as well as to the dentist's office) requesting a detail of charges. Their answer to that letter only arrived the other day, via U.S Postal regular delivery, along with the interrogatories which require an answer in 10 days from 28 Jan. (date on letter). I'm really unsure how to respond and fear default if I don't respond immediately.

I am not attempting to avoid paying the dentist for valid services but the charges being claimed are questionable & well beyond reasonible.

I hope this is the necessary information so I can begin to move forward on my answers. I'm very nervous about this whole situation.

Thank you very much

Legally Challenged

[legally challenged]

As there has been no response to mey last post I suspect I've failed to provide enough information. I was trying to be less wordy and apologize if that was the incorrect course. I also have concerns that the opposition could be surfing the forums. Perhaps I'm being overly cautious and paranoid.

After receiving the complaint from Goldman & Warshaw I sent them a letter requesting an itemized detail of all charges. A patient history was sent to me along with a copy of my patient registration form and a signature stating thet payment is due at time of treatment unless other arrangements are made, which they noted is evidence of indebtedness. At the bottom of the page it reads, "This is an attempt to collect a debt and any information obtained will be used for that purpose. This communication is from a debt collector." They also included interrogatories requesting response in the time permitted by the court rules. There is a notice requiring the answers to be certified.

[legally challenged]

Interrogatories as follows:

Question 1. State in detail (a) what payments were made by you to plaintiff, ( the dates, manner and amount of each payment © if any credits or set-offs other than such payments are claimed, set forth the nature and amount thereof (d) attach hereto copies of all checks and receipts pertianing to such payments.

My answer????

Defendent has no record of any payment ever made to plaintiff.

(Payments were made by myself as well as from insurance but I don't have receipts)

Question 2. If you claim to have insurance that covers a portion of or all of the amount due to plaintiff please provide the name of your insurance company, the policy number, a copy of your insurance card, a copy of the insurance policy, a copy of your submission of this debt to your insurance company for payment, and a copy of any response made to you in response. If dealings with your insurance company were verbal then state the date of all communications, the name of the person to whom you spoke, the subject matter of the conversation and the outcome.

My answer????? - I don't know what to say to this. All claims were submitted by the dental office. This seems an obvious attempt for me to admit that the debt is mine. Beyond that, this seems to be a very contrived and unreasonable request. I just don't know how to respond to this question.

Question 3. State what amount is owed by you to plaintiff on account of the indebtedness upon which this suit is based?

My answer???? Are they kidding?

Either......

answer option # 1 - The plaintiff has not shown the charges to be factual and there is no proof that the defendant has any responsibility for the debt.

OR

answer option # 2 - DENIED - this request calls for a conclusion of law and is improper.

Question 4. If you dispute some or all of the charges as alleged by plaintiff, itemize each and every charge you dispute and state the date you first notified plaintiff or its predecessor or assignor of the dispute. Include in your answer how you notified plaintiff or its predessor or assignor of the dispute, i.e. letter, telephon. Attach hereto copies of all letters and documents referred to in you answer.

My answer???? This is also an reasonable request and is a lightly veiled attempt to have me admit to debt. Is it appropriate to respond as follows?

The plaintiff has not shown the charges to be factual and there is no proof that the defendant has any responsibility for the debt. Defendant can not rely upon Plaintiff's account detail as proof of treatments received.

Question 4. Set forth the factual basis for each and every defense you assert or will in defense to this lawsuit. Include in your answer all documentation that relates in any way to any defense you assert.

My answer??

John Smith has not determined who his expert or experts shall be, if any, at trial. John Smith reserves the right to update this answer to this interrogatory and its subparts at a later time when that decision is made.

I, John Smith reserve the right to amend my answers if it should become necessary.

..........

I'm not convinced these are the best answers, at least the ones I inserted........any suggestions or advice????

Guess I should also mention that a large sum has been defined as interest fee and was added to the initial billing 3 years after the last post.

I hope I'm not being too detailed but I've got to submit these answers on Monday.

Please help...I'm so confused by all of this. It's definately a learning process and I have only begun my fight. I have other debts to contend with and this is a first experience.

Thank you all for your attention.

Legally Challenged

[nascar]

Your responses are due on Monday. You're in a position where you pretty much have to go with what you have.

My question to you is, have you ever requested a copy of your medical records from the dentist so you can compare them with the invoices you recieved? Regardless of what you thought you were being treated for, the fact remains that you continued to return for some type of treatment. That treatment, whatever it was should be reflected in your medical records.

[legally challenged]

I did contact the dentist's office by phone, several times when I received the collection letters, even before the summons arrived. The office representative said they don't have any information. I also sent a certified letter asking for a copy of the bill. My ex may have some bills which puts them out of my reach (went through an ugly divorce while all sorts of debts were piling up).

I expect to pay a portion of the bill but don't think it's right to pay for treatment I didn't request or approve. I'm now being treated by a new dentist because the root canal performed in 2005 is compromised.

Do you have any suggestions for Question #2?

"If you claim to have insurance that covers a portion of or all of the amount due to plaintiff please provide the name of your insurance company, the policy number, a copy of your insurance card, a copy of the insurance policy, a copy of your submission of this debt to your insurance company for payment, and a copy of any response made to you in response. If dealings with your insurance company were verbal then state the date of all communications, the name of the person to whom you spoke, the subject matter of the conversation and the outcome."

Since all dealings with the insurance company were made by the dental office I don't know what to say, especially since they are asking about submissions of debt. I have no records from the insurance company (except copies of my ex's card - I'm no longer on the policy).

I'm a nervous wreck and am shaking in my boots! I have so many concerns which make me feel very insecure. It's been a rough few years and I just want to put my life in order, begining with my debt. Time to rebuild and get out from under, really tired of feeling like a victim! Unfortunately, my funds are limited and my credit is shot.

Please make any suggestons you think may be helpful. As I said, this is just the first of several situations I'm facing regarding debt and collections. I hope to learn enough to clear up the mess.

I sincerely appreciate your taking the time to respond. So many of you in this forum seem so very knowledgeable it amazes me. I'm honestly humbled.

Thank you for taking the time to read and (hopefully) respond.

[admin]

Check out this thread:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=292720

[legally challenged]

Thank you very much for all your help. I've been searching through posts & stickys for so many days & nights that I think I'm begining to actually understand a little bit about the process. Fear is a terrible way to live. Even a little understanding brings relief. You people (on this site) are incredible - knowledgable & extremely kind to assist those of us who are so lost in this process. I'm eternally grateful for those who've taken the time to make suggestions and share information. A triumph for one is a triumph for all.

This is what I put together & would love to hear if it seems okay: (not too sure about 5).

Question 1. State in detail (a) what payments were made by you to plaintiff, ( the dates, manner and amount of each payment © if any credits or set-offs other than such payments are claimed, set forth the nature and amount thereof (d) attach hereto copies of all checks and receipts pertianing to such payments.

answer

a)Defendent has no record of any payment made either because they have been lost, destroyed, or were never in my possession in the first place.

b)To the best of my knowledge, I have no such documents either because they have been lost, destroyed, or were never in my possession in the first place.

c)To the best of my knowledge, I have no such documents either because they have been lost, destroyed, or were never in my possession in the first place.

d) To the best of my knowledge, I have no such documents either because they have been lost, destroyed, or were never in my possession in the first place.

Question 2. If you claim to have insurance that covers a portion of or all of the amount due to plaintiff please provide the name of your insurance company, the policy number, a copy of your insurance card, a copy of the insurance policy, a copy of your submission of this debt to your insurance company for payment, and a copy of any response made to you in response. If dealings with your insurance company were verbal then state the date of all communications, the name of the person to whom you spoke, the subject matter of the conversation and the outcome.

answer

The plaintiff has not shown the charges to be factual and there is no proof that the defendant has any responsibility for the debt.

answer

Question 3. State what amount is owed by you to plaintiff on account of the indebtedness upon which this suit is based?

answer

DENIED - this request calls for a conclusion of law and is improper.

Question 4. If you dispute some or all of the charges as alleged by plaintiff, itemize each and every charge you dispute and state the date you first notified plaintiff or its predecessor or assignor of the dispute. Include in your answer how you notified plaintiff or its predessor or assignor of the dispute, i.e. letter, telephon. Attach hereto copies of all letters and documents referred to in you answer.

answer

The plaintiff has not shown the charges to be factual and there is no proof that the defendant has any responsibility for the debt. (???Defendant can not rely upon Plaintiff's account detail as proof of treatments received.)

Question 5. Set forth the factual basis for each and every defense you assert or will in defense to this lawsuit. Include in your answer all documentation that relates in any way to any defense you assert.

answer

Denied - The question is overly burdensome, broad, and irrelevant.

The answers set forth above, subject to inadvertent or undiscovered errors, are based on and therefore necessarily limited by the records and information still in existence, presently recollected, and thus far discovered in the course of the preparation of these answers. I, xxxxxxx, reserve the right to make any changes in the answers if it appears at any time that omissions or errors have been made therein or that more accurate information is available; that subject to these limitations the Interrogatory answers are true to the best of my knowledge, information, and belief.