Legal Question in Credit and Debt Law in California
Dental work done in bad faith , now collection company harrasssing
Husband had dental work done. Dental office told husband in office that insurance company had been called and work authorized. Dentist proceeded with work. Insurance company said they did not authorize work, wouldn't honor claim. Now collection office is charging 18% interest and have sent summons form and is charging attorneys fees for collection.
Debt has gone from $1700. to $2300 since November. Subsequent to this the same tooth had to be pulled to remedy problem. I had verbally agreed to pay 50.00 per month, but at that rate the office said since my payment was a day late that $25 late charge would be added, all this without signing a single contract.
2 Answers from Attorneys
Re: Dental work done in bad faith , now collection company harrasssing
You may have an action against the Dentist for malpractice. There is a one year statute of limitations and you should find an attonrey who specilizes in this area. (My firm doesn't). It appears that there may be a violation of the fair debt collection act. I do not see how you can be charge 18 % interest. You must respond to the complaint within 30 days of service and you should hire an attorney to help you. If you fax me all of your documetation including any of your protest letters to the Dentist or collection agency, I will provide you with free consultation. 714 363 0229.
Re: Dental work done in bad faith , now collection company harrasssing
File a counter claim in the same suit for medical malpractice (for not doing the job right), negligence (for telling you the job was authorized by the insurance company, when it wasn't), and fraud (for inducing you to have the work done, by telling you the insurance company had authorized the work).
Request documentation from the insurance company, which shows that they had turned down the request.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
