Legal Question in Credit and Debt Law in California

2 + year old dental bill
Recently we received a statement from a dental office for work done
in 2004. This is the first statement received since 2004. We were under the impression that we had a zero balance since my husband was seen by this dentist in Aug. 2006 and there was no mention of a past due amount . It appears that they also tried to bill insurance but because their claims were submitted 2 years after the fact, the claim was denied due to late submission. Are we legally bound to pay this bill since we were never advised of this outstanding balance in a timely manner. If a check is presented for payment and is dated 1 year ago the bank is not suppose to accept it since it is stale dated. Is the same true for an outstanding balance? If the creditor does not request payment within a given time, do they forfeit their right to collect?

Asked on 3/22/07, 9:01 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

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Re: 2 + year old dental bill

I know of a similar situation. If the dentist has an agreement with a dental insurance plan to fully cover the charges (other than your copay), then you are a third-party beneficiary of that agreement. I'm sure you specifically asked the dentist if he/she honored the insurance when you went for treatment and you relied on insurance coverage for your treatment.

I think the dentist is at fault for not properly billing and thereby being denied payment by the carrier. Additionally, the statute of limitation on a debt not in writing is two years. So this debt might be uncollectible under the law. If you pay something on it now, the clock will restart.

Answered on 3/22/07, 9:32 pm

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