Dental Billing Question

[kewlbunny]

What is the name of your state?NY
In May of 2004, I visited a dentist to have a filling replaced and to get a temporary crown replaced as both had fallen out during my pregnancy. The dentist refilled my tooth, but when he went to do the crown, he said he was unable to put a crown in because drilling in the canal could snap the root. While still in the chair, he told me that I needed to have the root surgically removed, and then be fitted for a bridge. I explained to him that I did not have $3300 (the price of the bridge) and that that would have to wait. He continued to explain that once I had the tooth surgically removed, they would put in a temporary bridge to last for about 2 months. Again, I explained that I did not have the $3300 for this procedure. He turned around and said he was going to take an impression of my mouth while I was there in the chair so that we had it when I was ready. Next thing I know, he's taking the impression.

I never went back for the bridge. Now it's almost 6 months later. I haven't heard from the dentist at all, not even a bill. Two weeks ago, I get a call at work from an attorney representing this dentist. He is suing me for the filling, the impression, the temporary bridge and lawyer fees.

My question is this. How much of this am I really responsible for? I owe him for the filling and the impression, so I have no problem paying for those. However, am I responsible for a bridge that I did not want, and still do not have (and never gave written authorization for) And after making no attempts to collect the money owed, am I responsible for his legal costs? His attorney has called me twice, offering no settlement, arrangement or anything. They call merely to harrass and threaten me. When I asked them for a bill, they said they were not a billing service. When I tried to get some information on what my balance was for, they said that I knew what it was about, and hung up on me. They are threatening to serve me at work, and garnish my wages, and the whole nine yards. I finally got a bill from the dentist, but I had to call them for 2 weeks before they would fax it...

Please help.. I'm not sure where to even start with this.. should I just pay the whole thing? seek legal council? Thanks for your help in advance...

[Ladynred]

If you don't feel you can fight this on your own, get a lawyer. You should not have to pay for a bridge you never agreed to nor got.

Did you have any insurance ?

If he wins a lawsuit, you will end up paying the court costs and attorney's fees. AS for the threats and calls at work, any attorney functioning as a debt collector is bound by the Fair Debt Collections Practices Act - threats and abuse are violations of that law.

They can't garnish wages or anything else until they sue and win a judgment against you. So, you might want to consult with a lawyer, along with whatever organization oversees dental pratices in your state.

[kewlbunny]

Ladynred.. thank you soo much for your advice. I reviewed the Fair Debt and Collections act and it was extremely helpful. My next question, if you or anyone else can answer it, is this. I searched the Better Business Bureau for the "attorney" who is representing my dentist. They are the ones who have contacted me. The firm is listed under an attorney's name, however, in "type of business" it does not say law firm, or legal representation, it says "collection agents". Does that mean they are not really attorney's who are contacting me? Or could it be an attorney who runs a collection agency and uses his title in the business name? I ask because according to the Fair Debt and Collections Act, it is illegal for one to represent themselves as an attorney if they are not actually one. This whole thing has caused me great distress, and if they are doing this by misrepresenting themselves, then I would like to take some action... As for the rest of my situation, I now know how to proceed, and I can't thank you enough for that direction....

[Ladynred]

There are many collection agencies that are run by lawyers and they use their lawfirm name and stationary, its an intimidation thing. If their primary business is collections, the law degree is moot.. they are a collection agency and bound by ALL of the FDCPA. If the person calling you is not a lawyer, you are correct, they are violating the law by pretending to be one. Who is this 'law firm' anyway ??