U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Economics > Personal Finance
 [Register]
Please register to participate in our discussions with 1.5 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Jump to a detailed profile or search
site with Google Custom Search

Search Forums  (Advanced)
Business Search - 14 Million verified businesses
Search for:  near: 
Reply Start New Thread
 
Old 05-02-2011, 01:26 PM
 
3 posts, read 7,344 times
Reputation: 11

Advertisements

Previous Dentist trying to collect on a bill from 10 years ago. He sold my account to his partner 5 years ago...Can they do that? Haven't they taken this as a loss with the IRS and state tax?
What are my rights? I want this settled but seriously $3k to a very very very bad dentist that messed up my teeth is that fair?
Reply With Quote Quick reply to this message

 
Old 05-02-2011, 02:38 PM
 
8,270 posts, read 6,051,569 times
Reputation: 4606
Sounds fair to me if the transaction was made. He makes a living charging for dental work, you agree to pay him for it.

Ten years later isn't really the time to say "wait but the service sucked"
Reply With Quote Quick reply to this message
 
Old 05-02-2011, 02:48 PM
 
Location: Lansing, MI
2,700 posts, read 3,447,672 times
Reputation: 2679
Sure, they can. A creditor can always attempt to collect the debt - whether or not they have have success is a different story. Did you ever dispute the charges at the time of service if you were not happy with the work done? If not, why not?

What is your statute of limitations for your state?

Has the entity collecting the debt proved it is a debt owed?

You can find more answers with the Fair Debt Collections Practices Act.
Reply With Quote Quick reply to this message
 
Old 05-02-2011, 02:51 PM
 
Location: Victoria TX
38,753 posts, read 38,334,632 times
Reputation: 28808
At the very least, write back and say the bill has passed the statute of limitations, and place the burden on them to show that it is still collectible. Or have a family member write back and say you are deceased and that they were the executors of the estate, and the dentist failed to respond to a legal notice in a timely manner and all assets have now been distributed.
Reply With Quote Quick reply to this message
 
Old 05-02-2011, 04:09 PM
 
4,153 posts, read 5,878,345 times
Reputation: 2920
Quote:
Originally Posted by sunshine.smith View Post
Previous Dentist trying to collect on a bill from 10 years ago. He sold my account to his partner 5 years ago...Can they do that? Haven't they taken this as a loss with the IRS and state tax?
What are my rights? I want this settled but seriously $3k to a very very very bad dentist that messed up my teeth is that fair?
Search your states Statue of Limitations. My state (Texas) is 7 yrs from the first missed payment. It doesn't matter if they sell it to a collection agency. The 7 yrs starts from the first missed payment to the original creditor. After that they can't go after me for anything. They had 7 years to collect and failed.

If you made any kind of payment in that 7 years then the 7 years start over. So don't send them anything if the statue has passed.
Reply With Quote Quick reply to this message
 
Old 05-02-2011, 04:31 PM
 
Location: NJ
17,580 posts, read 20,658,964 times
Reputation: 15412
Is this showing up on your credit report?
Reply With Quote Quick reply to this message
 
Old 05-03-2011, 10:55 PM
 
Location: Las Vegas, Nevada
11,521 posts, read 9,705,827 times
Reputation: 14737
10 years???

Perhaps this dentist had been receiving too many postcards from Mexico, from former clients, bragging to him how much they paid this and that at a dental clinic down there. He's becoming desperate!

Last edited by tijlover; 05-03-2011 at 10:56 PM.. Reason: edit
Reply With Quote Quick reply to this message
 
Old 05-03-2011, 11:39 PM
 
42,301 posts, read 46,085,939 times
Reputation: 13169
It really depend on if they got a judgement and have refiled it every ten years.
Reply With Quote Quick reply to this message
 
Old 05-05-2011, 11:52 AM
 
4,503 posts, read 6,260,078 times
Reputation: 3052
Back to THIS part . . . .

Quote:
Originally Posted by sunshine.smith View Post
. . . . to a very very very bad dentist that messed up my teeth is that fair?
Is that part correct?

There could be matters of professional liability that WAY exceed the billing.

If you were actually harmed by the work, you may have a claim back on them. Limitations may have passed both directions, but if they were to sue you may have not just the Limitations on your side against their billing, but a full Counter-Suit against them for the damages they did to you.

Things vary by State, but often claims brought in Counter-Claims and Counter-Suits are exempted from Limitations.

So if the morons sue you, it could very profitable to you.
Reply With Quote Quick reply to this message
 
Old 05-06-2011, 10:19 AM
 
Location: Tampa, Florida
10,962 posts, read 9,816,346 times
Reputation: 5880
Quote:
Originally Posted by danieloneil01 View Post
Search your states Statue of Limitations. My state (Texas) is 7 yrs from the first missed payment. It doesn't matter if they sell it to a collection agency. The 7 yrs starts from the first missed payment to the original creditor. After that they can't go after me for anything. They had 7 years to collect and failed.

If you made any kind of payment in that 7 years then the 7 years start over. So don't send them anything if the statue has passed.
Huh? Texas is 4 years across the board.

Debt problems: Statute of Limitations on Debt Collection

A trip to the dentist office would be "goods and services" that are covered under the Uniform Commercial Code, which has a SOL of 4 years as well, so suffice it to say that this SOL has expired.

One question though. Is the dentist himself trying to collect on this, or was it passed off to a collection agency.

Quote:
Originally Posted by manderly6 View Post
Is this showing up on your credit report?
It better not be, otherwise whoever listed it there could be sued for violations of the Fair Credit Reporting Act.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $84,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Economics > Personal Finance

All times are GMT -6.

2005-2014, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 - Top