contract-law small-claims-court health
How do you force someone to sue you?
<p>I have a bill from a health care provider that I did go to but they are charging me for services I did not receive. They will not agree that they did not provide these services and continue to bill me. I believe I would win in small claims court, but I am afraid that they will report me to the credit reporting agencies at just the wrong time and then take too long to sue me. How can I force them to either take it to court or drop the charges?</p>

<p>I doubt this is possible. They have exactly as long as the law allows for them to bring suit against you, and there's nothing you can do to shorten that window. If you could, you might stipulate that they sue you within the next 6 hours or drop the case entirely. The law stipulates a "reasonable" period of time for them to bring suit. If they do wind up suing you, damaging your credit, and ultimately losing the case, you might be able to recover some damages if it affected your ability to get a loan, for example.</p>

<p>Depending on your jurisdiction, you may be able to file a declaratory judgment action in small claims court. You'd effectively be asking the court to conclude that the contract(s) you made with the provider entitle them to X amount rather than Y.</p>

<p>Write to them and state that you deny liability for the alleged charge. Advise them that they are not permitted by law to continue to contact you about the alleged debt or to refer the matter to a debt collector or credit reporting agency unless and until they prove the debt in a court of competent jurisdiction. If you fell provocative, suggest the courthouse that would be mist convenient for you.</p>

<p>If they do any of the things they are not permitted to do, refer them to your jurisdiction’s consumer watchdog.</p>
