Legal Question in Credit and Debt Law in California
I signed the contract and received shoddy workmanship
9 months ago I had braces put on my sons teeth. I signed a contract comitting to monthly payments. The contract states if I am to leave this office and seek other treatment I will be charged for "services rendered and not paid". I have made all my monthly payments on time. The braces are continualy falling off the teeth, He has had metal shavings imbedded in his gums, and according to another Orthodontist which I had taken him to for a consultation, isn't being treated properly for the condition of his teeth. If I quit taking him for treatments in this office, due to the unproffesional work being done, am I legally responsible to have to pay them even more money and how do I avoid being sent to the collection agency?
1 Answer from Attorneys
Re: I signed the contract and received shoddy workmanship
No, you don't have to pay for substandard work and, in fact, you might be entitled to get your money back and, even, damages for the poor work done on your son's teeth. However, that doesn't mean that the orthodontist won't try to collect additional money from you or send your account to a collection agency. You should consult with an attorney. Maybe you should take the orthodontist to small claims court. Maybe you have a full-blown malpractice action. Maybe a letter from you or a letter from a lawyer will take care of the problem. The point is that, regardless of whether you are right, there is a process that is time consuming and potentially expensive to determine who is right.
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