Legal Question in Business Law in California

On april 2016, I received a bill of 95 for two missed appointments for a chiropractor visit and massage back in 12/2014. I never received a call or email prior or after that, to even inform me I even had an appointment or that I missed an appointment. I firmly believe that this was a mistake either the office didn't cancel when I called( though they are saying they went back to that call log and didn't see a call) but this was over a year ago that I was informed of this and feel they failed to inform their customer and now expect me to pay the fees regardless of the reasons I just said. I do know I would of never have missed an appointment especially a massage since I pay out of pocket for my spine issues. I have been seeing afew chiropractors for years now and this visit was purchased through living social. I just don't understand why this chiropractor is treating me unfairly and is blaming me. again I never got a curtesy call prior about the appts coming up. Now the chiropractor wants to just charge the 65 and wants to send me to collections, is this legal? and is there any protection for the customer?


Asked on 4/13/17, 11:57 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Well, as I see it, there are two possible consequences of not paying: a negative credit report and a lawsuit. As to the former, you can perhaps head this off or correct the consequences by regular and timely communication with at least one of the credit-reporting agencies. As to a possible lawsuit, this is unlikely for two reasons: (1) suits over $95 bills are uneconomic, even if taken to Small Claims Court; and (2) this would probably be a suit on an oral contract and the statute of limitations has run.

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Answered on 4/13/17, 1:26 pm


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