Legal Question in Credit and Debt Law in New York
Dental bill
I was being treated bu a dentist whom I had known since college in 1973. He opened a practice with his brother, not a private corportion. Work was performed during 2000-2002 and was performed incorrectly. Numerous teeth had to be extracted due to improper treatment. When I left that office, my balance was $3000 of which I never paid. I sought the advice of another professional and it cost approximately $15,000 to correct these errors. This dentist sought legal action last year and three suponeas were issued and sent to an address that I had not resided in for close to 18 years, so of course, I never answered the suponeas. I just became aware that there is a judgement against me. The plaintiff is his brother, who never performed any work on me. I went to the civil court and filled out an order to show cause. What are my next steps? It is more realistic to just pay the balance and avoid any hassle, or should I fight him and countersue him for the monies it cost to fix the mistakes he made? Thanks for your time.
3 Answers from Attorneys
Re: Dental bill
Why pay for bad work. The court will most likely permit you to interpose an answer within the next "x" number of days. Feel free to contact me to discuss the contents of this answer.
Practically speaking, why should you pay for work done poorly if you already paid (the $15,000.00).
Good Luck
RRG
Re: Dental bill
Since, as you stated, the dental work was done back in 2002, your counterclaim for malpractice would be time-barred by the statute of limitations for dental malpractice (2 1/2 years). His claim for breach of contract is within the applicable statute of limitations (6 years). So while, your counterclaim would likely be dismissed, you would do well to argue that you agreed to pay for COMPETENT and PROFESSIONAL services, neither of which you received.
Also, you should be aware that a SUBPOENA is used to compel a witness to testify; a SUMMONS is used to initiate a legal proceeding by requiring you to appear in court or file a response with the court.
Best of luck!
Re: Dental bill
You never complained about the bad work. You never sued for malpractice.
You may not have a counter complaint as SOL may have run.
Is your new dentist going to come to court as a witness for you and tell the court all that the 1st dentist did incorrectly?
If not, try and settle it.
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