Legal Question in Credit and Debt Law in Maryland
My dentist over-charged me on a co-pay, leaving my account with a credit balance over $200. When I asked for a refund, he went back 4 1/2 years and increased charges for previously-discounted services and added previously waived charges in order to "eat up" the credit. Can he do this? And, if he can, can he go back beyond the 3-year statute of limitations for debt collection? (Can I take him to small claims court to collect all or part of the over-charge on the co-pay)?
1 Answer from Attorneys
While businesses are usually free to apply whatever discounts they like under whatever terms they chose, the law usually prevents people from trying to collect on previously satisfied bills (under several legal theories). It isn't clear from your post what kind of discounts the provider offered and why. The 3 year statute of limitations deals with the length of time someone can sue (although the statute of limitations is extended in certain situations), if someone sues for an old debt the statute of limitations can kick out their claim. Small claims can be filed in District Court for the dollar amount you mention.
Note that dentists are a regulated profession in this state. If you have a serious basis for questioning the practices or behavior of a dentist, you may want to contact the Maryland State Board of Dental Examiners and file a formal complaint.
***This response is general in nature and not a substitute for personal legal advice. It does not create any attorney/client relationship. The specific facts of your situation may affect how the law applies to you***
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