Legal Question in Business Law in New Jersey
Client will not pay bill
I am in need of advice on an issue concerning a client who won't pay their bill. I own a
therapeutic massage clinic and a client who received 8 massages for an injury she is recovering from won't pay because her insurance refused to cover it. We tried repeatedly to file her insurance claim but after being refused several times we told her that she had to pay herself.
She refused and claims that her lawyer told her that she doesn't have to pay because we didn't pre-certify her claim. But her insurance company told us it was refused because she was already using her insurance for physical therapy at the same time and they do not consider massage a separate issue. So they refused her due to ''duplicate services''.
She was also told from the beginning that she would have to pay out of pocket if her insurance refused to cover it, which they often won't. Does she really have the right to not pay me for services already rendered?
Would her lawyer really advise that? She refuses to give me his contact information, so I am uncertain if she really spoke to one.
3 Answers from Attorneys
Re: Client will not pay bill
Drop it! Don't waste more time going after this crook for a small claim. She "won." Move on!
I hope this helps!
Ron Cappuccio
http://www.BusinessEsq.com
Re: Client will not pay bill
Your cause of action, if any, is for breach of contract. If you offered to render services, she accepted the services and agreed to the price, you have a contract for services. What makes your problem difficult is that the cost of pursuing the claim might exceed the value of the claim itself. It is immaterial whether third-party insurance is available to cover her claim.
This response is not intended to be legal advice and a response to an anonymous inquiry does not create an attorney-client relationship.
Re: Client will not pay bill
Your client is responsible to pay for the services that she has used. There are a number of legal theories on which you right to be paid might be based but they all break down to that.
I am guessing that your total bill is in the order of a few hundred dollars. That would probably not warrant hiring a lawyer to pursue the claim. However, you can bring suit yourself in Small Claims court.
See also: http://info.corbettlaw.net/lawguru.htm
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