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Should I seek an attorney? Do I have a case?

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tirazline1

Junior Member
What is the name of your state (only U.S. law)? Indiana

A dentist office and collections agency was trying to sue me for over $1800 for an incorrect bill. I received a letter from a debt collections agency stating I owed $1290.63 to the dentist. I wrote a letter back (within 30 days) that I was disputing the debt and to prove the debt was owed. They sent me back a letter with my account details. I see that the dentist office claims they sent me 2 collection attempt letters and also one that was sent certified and returned for $458 per the account printout. I did not receive any letters or notices or calls. I then see on the last page that they added a $800 charge for partial dentures made after they sent out these letters (several weeks later). I wrote back to the collections agency a cease and desist letter disputing the debt again. I never received the dentures as well as my insurance covers it at 100%. They never submitted the claim but they sent all other claims for treatment. I then receive a summons for small claims court. I went to court and the collections agency asked me how I would like to pay for the debt. I told him, again, I do not owe that amount. That the $800 they tacked on was 100% covered by insurance and I also never received the dentures. They turned me away when I tried to pick them up at my scheduled appointment to do so, would not allow me to get them. At this time, the agency showed me the total debt owed was around $1400, including court fees etc (yes a copy from the dentist paperwork stated they could charge court fees, collection fees). I showed the collections agency copies of my paperwork including insurance claims they submitted stating what I owed ($458) and what I signed for what I owed. I also paid $110 towards what I owed. He became angry and said he will schedule a continuance for a month later while he checks things. Within that month, I receive a copy of my account from the dentist. Same paperwork I received before. I tried to call dentist but they wouldn't give me any info because account is now in collections. Went to court again. New amount shows I owed around $1800 now. He asked again, how would I like to pay. I told him again I am disputing this debt. I do not owe that $800. He tried to show me that I did per the dentist's account paperwork. I again showed him proof that I did not owe that. He said 'you want to take this trial? And have to pay more money in court costs?'. I said I don't owe that $800. He said, I'll do you a favor. I'll allow you to talk to your insurance company and submit a claim to cover that $800. Come back March 21 with proof. I called my insurance company which put the dentist office on the call as well. My insurance company can't cover the claim because I didn't receive the completed dentures (making them and complete set is covered at 100%). The dentist office stated that because I was late on a payment they denied me the appointment to pick up dentures. Stated I was 3 months behind. I was allowed all my other appointments during those 3 months though and they allowed me to pay what I could. I paid them a total of $110. I asked the dentist office do you have my partial dentures? They told me they won't ever give me an appointment to get them. It's in collections. They are done with me. My insurance company can't cover that $800 because of codes/never received completed dentures. The dentist office did say they would try to write off that $800. I found out today that they did write off the $800 but I now owe $820.19 (almost double)
which includes principal interest, court costs and fees. If the dentist never added this $800 charge without me knowing (and owing) in the first place I would never have had to go to court, let alone twice (and a third with probably more fees). Should I seek a lawyer for my next court date? Do I have a case of anything? What type of law practice lawyer should I seek, if so?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Indiana

A dentist office and collections agency was trying to sue me for over $1800 for an incorrect bill. I received a letter from a debt collections agency stating I owed $1290.63 to the dentist. I wrote a letter back (within 30 days) that I was disputing the debt and to prove the debt was owed. They sent me back a letter with my account details. I see that the dentist office claims they sent me 2 collection attempt letters and also one that was sent certified and returned for $458 per the account printout. I did not receive any letters or notices or calls. I then see on the last page that they added a $800 charge for partial dentures made after they sent out these letters (several weeks later). I wrote back to the collections agency a cease and desist letter disputing the debt again. I never received the dentures as well as my insurance covers it at 100%. They never submitted the claim but they sent all other claims for treatment. I then receive a summons for small claims court. I went to court and the collections agency asked me how I would like to pay for the debt. I told him, again, I do not owe that amount. That the $800 they tacked on was 100% covered by insurance and I also never received the dentures. They turned me away when I tried to pick them up at my scheduled appointment to do so, would not allow me to get them. At this time, the agency showed me the total debt owed was around $1400, including court fees etc (yes a copy from the dentist paperwork stated they could charge court fees, collection fees). I showed the collections agency copies of my paperwork including insurance claims they submitted stating what I owed ($458) and what I signed for what I owed. I also paid $110 towards what I owed. He became angry and said he will schedule a continuance for a month later while he checks things. Within that month, I receive a copy of my account from the dentist. Same paperwork I received before. I tried to call dentist but they wouldn't give me any info because account is now in collections. Went to court again. New amount shows I owed around $1800 now. He asked again, how would I like to pay. I told him again I am disputing this debt. I do not owe that $800. He tried to show me that I did per the dentist's account paperwork. I again showed him proof that I did not owe that. He said 'you want to take this trial? And have to pay more money in court costs?'. I said I don't owe that $800. He said, I'll do you a favor. I'll allow you to talk to your insurance company and submit a claim to cover that $800. Come back March 21 with proof. I called my insurance company which put the dentist office on the call as well. My insurance company can't cover the claim because I didn't receive the completed dentures (making them and complete set is covered at 100%). The dentist office stated that because I was late on a payment they denied me the appointment to pick up dentures. Stated I was 3 months behind. I was allowed all my other appointments during those 3 months though and they allowed me to pay what I could. I paid them a total of $110. I asked the dentist office do you have my partial dentures? They told me they won't ever give me an appointment to get them. It's in collections. They are done with me. My insurance company can't cover that $800 because of codes/never received completed dentures. The dentist office did say they would try to write off that $800. I found out today that they did write off the $800 but I now owe $820.19 (almost double)
which includes principal interest, court costs and fees. If the dentist never added this $800 charge without me knowing (and owing) in the first place I would never have had to go to court, let alone twice (and a third with probably more fees). Should I seek a lawyer for my next court date? Do I have a case of anything? What type of law practice lawyer should I seek, if so?
Do you think an attorney is going to charge you less than $820.19 for this?
 

tirazline1

Junior Member
Do you think an attorney is going to charge you less than $820.19 for this?
I do not know what attorneys charge. Why should I just allow this collections agency and the bad dealings with this dentist to charge me whatever they want and tack on all these fees, if they are in the wrong? Just because a lawyer is going to cost me. That's basically how they know they can get away with it. That we won't hire an attorney or know our rights and the law. I'm seeking advice. If I have a case. What are my rights, the law. And how I should handle this next court date. Do you have anything to offer? Thanks.
 

Zigner

Senior Member, Non-Attorney
I do not know what attorneys charge. Why should I just allow this collections agency and the bad dealings with this dentist to charge me whatever they want and tack on all these fees, if they are in the wrong? Just because a lawyer is going to cost me. That's basically how they know they can get away with it. That we won't hire an attorney or know our rights and the law. I'm seeking advice. If I have a case. What are my rights, the law. And how I should handle this next court date. Do you have anything to offer? Thanks.
I think you're more likely wrong than right, so I think you'll lose.
 

Zigner

Senior Member, Non-Attorney
Can you provide details as to why you think that?
Not really.

Also, do you have any legal background? Thanks



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LdiJ

Senior Member
I do not know what attorneys charge. Why should I just allow this collections agency and the bad dealings with this dentist to charge me whatever they want and tack on all these fees, if they are in the wrong? Just because a lawyer is going to cost me. That's basically how they know they can get away with it. That we won't hire an attorney or know our rights and the law. I'm seeking advice. If I have a case. What are my rights, the law. And how I should handle this next court date. Do you have anything to offer? Thanks.
You are correct. Many businesses do not properly handle fee disputes because they can just send it to collections even when they are possibly or likely in the wrong. Its a really unfortunate aspect of how the collections industry works in this country. If you let it go to court and are able convince the judge that they are in the wrong, then more power to you.
 

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