Legal Question in Credit and Debt Law in Virginia
Garnishment of my paycheck without my knowledge
I went to the dentist last year to have a tooth repaired. I went to him on three different occasions because the cap kept coming off and the tooth had an absess. I moved away last april and in my absence a warrent in debt was sent to my last residence, and I had no idea until I recieved a copy of my credit report and it was on the report. I have filed to have the case reheard at the begining of june. I will have a copy of my lease and a letter from my current dentist denoting what needs to be done to make it right. Do you have any additional suggestions as to what I might need to prove my case?
thank you,
Jeff Tyler
1 Answer from Attorneys
Re: Garnishment of my paycheck without my knowledge
What case? You didn't say you had one. Are you suggesting that you shouldn't have to pay the dentist because the cap kept coming off? Are you suggesting that the dentist should have to give you your money back that you already paid and for repair services to correct the work he'd already done? If so, you'd better be prepared to plead and prove that the dentist was negligent, breached his contract with you, or intentionally caused you harm. That will require preparation and presentation of admissible evidence. A letter from another dentist, incidentally, is not normally admissible - it's hearsay. You may have to subpoena the other dentist to appear as a witness.
Was the garnishment quashed? If so, was your employer properly notified?
Btw, you may have a cause of action against the dentist if he lied to you or deceived you in any way under the Va. Consumer Protection Act. See Va. Code section 59.1-200(14) and 59.1-204 in your local library.
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