Legal Question in Credit and Debt Law in New York

Re: Garnishee

Both my colleagues make valid points. Since none of us has access to all the documentation some of this advise may not be applicable. In a nutshell, the law requires any promise to pay the debts of another to be in writing and signed by the party to be charged. So, your dad's promise to pay probably cannot be enforced. You, of course, received services and so are liable for the cost of your dental work...but the statute of limitations is 6 years from the date the work was completed UNLESS YOU HAVE DONE SOMETHING TO TOLL THE STATUTE (like make an offer of settlement in writing). The RULE is ADMIT NOTHING. They would have to prove you were liable for the charges and after so many years it might be impossible. ANy offers of settlement MUST COME FROM THEM...and you should only agree to pay something towards the debt in return for a full RELEASE OF ALL OBLIGATIONS (THIS MUST BE IN WRITING BY THEM!). Only after a judgment is entered (meaning a law suit was commenced and resulted in a decision favorable to the dentist) can your salary be garnished...max deduction is 10% of your GROSS payment. YOU ARE NOT liable for attorney's fees unless you signed an agreement that says you are and even then the court has to determine what it fair...not the attorney trying to collect the debt. Routinely, attorney fees are waived. DO NOT SEND ANY FUNDS UNLESS IT IS TIED INTO AN AGREEMENT IN WRITING SIGNED BY THE DENTIST (anyone else is game playing) THAT RELEASES YOU FROM ANY FURTHER OBLIGATIONS...

GOod luck.

Re: Garnishee

1. Unless they have a judgment they cannot garnish anything.

2. Ask to see any agreement your father signed. I doubt it specifies you are responsible if he makes no payment.

Re: Garnishee

No, they cannot garnish your husband's salary. As for the claim itself, you may have valid defenses. For example, the claim may be barred by the statute of limitations. As for the attorney's fees amount, unless that was in the agreement that was signed, you would not be liable for the fees.

It is likely that the dentist is smelling blood since you offered to make a settlement. You should be able to negotiate a fair settlement based upon the circumstances.