Legal Question in Credit and Debt Law in Indiana

Paid for services not rendered

My husband needed some LTD forms filled out by his doctor. They told me it would cost $15 to have the LTD forms filled out. I wrote a check for $15 on 10/30/06 and put in the memo area ''fee for disability forms''. THe check cleared on 11/01/06. On 11/03/06 they called and said they don't fill out forms for LTD and to pick up the forms. When my daughter in law went to pick it up for us, they told us we would not get the money back because our insurance did not pay for a flu shot my husband received the week before. They have not billed us for this as of yet. We get paid from LTD once a month. We don't have money to pay for things that just come up because we only get 1 LTD check per month for $1378. Is it legal for them to request money for one service and then tell us they do not offer that service and keep our money for something we haven't been billed for yet?


Asked on 11/06/06, 3:03 pm

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: Paid for services not rendered

I am sorry for the aggravation imposed on your family by the behavior of the doctor's office. But, the office was probably within its legal rights to "set off" a debt it owes to your husband (refund on the LTD forms) for a debt he owes to them (flu shot.) I'm surprised that they would do this, because it will generate a record-keeping mare's nest for them -- and for you. You might therefore ask to speak with the supervisor about this, to see if they will send the refund to you directly. After all, they could have told you in the beginning that they did not fill out LTD forms. Good luck.

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Answered on 11/06/06, 9:30 pm


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