Your Aetna Contract probably says you can’t sue Aetna in any court except Small Claims Court, thanks to an arbitration clause. It can be complicated and time consuming, but if you follow the steps and sue Aetna in small claims court it usually gets you what you want.
Ready to sue Aetna in small claims court? Well, you have to make sure your case qualifies. Small claims courts are only for certain types of claims, and there are two things you need to pay attention to:
If your claim doesn’t fall within the limits of your state’s small claims court, you’ll have to arbitrate your claim instead.
This doesn’t have to be any big, long letter, just a simple and straightforward letter where you tell Aetna who you are (your name, address, phone number and account number), what the problem is, and what you want from them.
When you’re done writing, you need to mail a hard copy of the letter to the legal address for Aetna, preferably as certified mail or some other service that allows you to confirm delivery:
Aetna Health Inc.
The Corporation Trust Company
Corporation Trust Center 1209 Orange St.
Wilmington, DE 19801
If you would like examples of demand letters or more information about how to write them, you can find an excellent guide here.
The hope is that Aetna receives the letter and responds. But if they don’t…
If Aetna did not respond to the letter, you move on and sue Aetna in small claims court.
This starts with court forms. The paperwork required of you is contingent upon your state (and possibly your county).
The correct forms for your location will be available for free on your state court’s website.
Make sure you fill out enough forms as you usually need 3 or 4 copies of everything, otherwise they won’t let you sue Aetna.
When you’re done filling out the court forms, you have to give those forms to the court. This process is called “filing”, and like most steps involved, it can be a bit tricky.
All courts will require you to pay a filing fee before you can sue Aetna. The amount should be posted on your court website.
When you file your forms, the court clerk will hand you back a stamped copy of the forms and a court date. Keep all of that handy.
Sometimes, Aetna will not show up to oppose you, and in any case, you want to take advantage of the situation to focus on your side of the story.
Ready to sue Aetna in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…
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