Threatened subponea if I no response by specific date, but mailed out after said date

[EFaithW]

What is the name of your state (only U.S. law)? California

I have a letter from a doctor (and his wife who is a lawyer) There office told me that I was "all paid up" which I have in writing, but then two years later sent me a legal document saying that if I did not pay this balance (which I didn't know existed) by Feb. 14th 2011 they would subponea me to court. The letter was dated Feb. 4th but is post-marked Feb. 22nd. A full week after their ultimatum date! I still have not been served a subponea, but I suspect that is because I now reside in a different state.

My question - is it ethical for a lawyer to date a letter Feb. 4th and threaten legal action if there is no response by Feb 14th, but not put it into the mail until Feb. 22nd?

Side note - I have made calls and written emails to this office since receiving this letter and have had no response.

Thanks

 

[swalsh411]

They don't have to give you any notice at all. They could flat out sue you with no warning. No winning a judgement is something else altogether. They are trying to scare you into whipping out your checkbook. If you owe the debt, pay it. If you don't tell them to pound sand.

 

[davidmcbeth3]

I would stop communicating with this party w/o an attny. Just sit and wait & see what develops.

 

[EFaithW]

Whether or not I owe them money is what this debate is about. I have a written document from them saying that I was "all paid up" but now they are trying to say that I am not.

The debt is only $267 so hiring a lawyer would probably cost more than that. It would probably also cost more than that to serve papers to someone who lives in a different state.

What to do!

 

[swalsh411]

If they sue you, bring that to court. It would be small claims court and you don't need a lawyer.

 

[EFaithW]

Thank you! If they want to take me to small claims would they have to subponea me? I live in WA now and the incident occurred in CA. Wouldn't it cost more than $267 to serve me the subponea? I really don't want to have to fly down there for this, but I don't want to just write them a check for money I don't feel that I owe them.

 

[musicman654321]

Hi,

Not needed; you are a party to the case.

 

[EFaithW]

So I would have to fly to CA to attend court? Even though they made no efforts to collect this bill and even told me I was paid up?

 

[Hot Topic]

Are you STILL going on about the chiropractor?

 

[EFaithW]

Hahaha yes! Making a large mountain out of a molehill. I am a SAHM so any communication I can have with adults, even if it is just online, is greatly appreciated. Still haven't heard anything back from them after calling and emailing so I guess I will be dropping it, for now, unless someone tries to come all the way up to Washington to subponea me. In which case, we don't open the door for strangers anyway.

 

[Hot Topic]

A chiropractor is not a doctor.