I Know I owe, But they are sueing anyhow

[RobertEvans214]

What is the name of your state? Utah

I am a retired military member who had dental work done, but was unaware of a 12 month wait time for the particular service. The dentist obviously wants his money and had gone to a collection service for the recovery of money owed.

Now I agree that the money is owed, but the law just served my wife today (I'm at work) and we are summoned to appear. Is it too late to try and settle on a payment plan with the dentist or debt collector? Before going to court?

[Skapare]

Originally Posted by RobertEvans214

What is the name of your state? Utah

I am a retired military member who had dental work done, but was unaware of a 12 month wait time for the particular service. The dentist obviously wants his money and had gone to a collection service for the recovery of money owed.

Now I agree that the money is owed, but the law just served my wife today (I'm at work) and we are summoned to appear. Is it too late to try and settle on a payment plan with the dentist or debt collector? Before going to court?

No, it is not too late to try to settle. But you are now at a disadvantage. Who is suing you ... the collection agency or the dentist?

Does your summons require or allow any kind of written response either before or in lieu of appearing in person? Has a court date already been set? Can you afford a lawyer?

What is this "12 month wait time" you are referring to?

[RobertEvans214]

The 12 months was established by DeltaDental retired dental insurance. I had a broke tooth that required a crown, but I had not been enrolled in the insurance program for at least 12 months, so they denied the claim.

I have not read the summons, but my wife, who actually is named as the defendant because she was the first one in the office to fill out the paperwork, said that there is a 20 day written response or some such data. I can't really be sure right now. She is a bit distraught right now and doesn't want to discuss it while I am at work. I would have more info when I get home tonight.

I am not sure if it is the dentist or the collection agency lawyers. We cannot afford a lawyer, but we can afford a monthly payment plan within reason. We are not wealthy and both of us must work to make ends meet.

[Debt Guy]

Robert

First, take a deep breath. Tell your wife to take a deep breath. This is not the end of the earth and nothing terrible is going to happen. No one is going to arrest you. There is no debtor's prison. Your neighbors are very unlikely to find out unless you tell them or they spend their days at the courthouse looking for gossip.

It is not uncommon in cases like this for the creditor to sue both spouses. Most states provide for a statute of necessaries. That means that both spouses are legally responsible for medical debts (among other things).

You are being sued by the dentist (or a 3rd party to whom the dentist has sold the obligation). The collection agency does not have the standing to file a lawsuit. However, this is an abject lesson why one should not ignore those calls and letters from the collection agency.

My advice is to call the dentist. Explain what happened and ask what you can do to get them paid and to stop the lawsuit. Be nice. Eat humble pie if it helps. If at all possible, you want to deal with the dentist on this.

If the dentist will not speak with you, then you have no choice but to talk to the attorney representing the dentist. If this goes to court and a judgment is granted, wages may be garnished. If you can borrow the money to pay this off, do so -- put it on your credit card if you have to. If you cannot, work out the best you can for a monthly payment plan. Just keep in mind that the job of the attorney is to collect the maximum possible as fast as possible. It is not personal and it is just business and you don't have a lot of leverage with the lawyer.

Your military retirement pay cannot be garnished. But, any other wage income you have can -- up to 25% of your after tax pay. Your bank account can be levied. But, none of that can happen until after court and a judgment has been granted.

[RobertEvans214]

Thank you...I know we should have not ignored the requests and this is by no means an excuse, but everyday life led to procrastination, hence this current situation. Thank you for the advice and I will keep this thread posted as to the results of future efforts in this matter. Again THANK YOU!