Legal Question in Credit and Debt Law in Georgia

I was given only one notice received one week ago, after 3 years have passed, the company has not attempted any collection nor sent any bill for payment out for a dental claim that occured 3 years prior, how is that even legally possible?

Asked on 10/15/13, 12:08 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC
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How is what possible? Your post is very vague. If you owe a debt, and failed to pay your debt, certainly the creditor can ask for payment - 3 days, 3 years or 30 years later. If this is not what you are asking, you need to post again and be far more clear.

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10/15/13, 12:12 pm
Glen Ashman Ashman Law Office
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This is the second time you asked (the answer doesn't change from one day to the next) and bills don't go away simply because they are three years old. Pay it, or expect to get sued, garnisheed and have your credit rating hurt.

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10/15/13, 4:08 pm
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Easy. You have asked this question before. Asking again does not change the answer. The statute of limitations has not expired. And even if it had a creditor can send a demand at any time for payment of the debt.

The statute of limitations is only a legal defense that gets asserted in an answer to a complaint. It does not prevent a creditor or debt collector from asking for payment.

And as noted, the statute of limitations has not expired in any event. So your options are: (a) dispute the debt if the letter is from a debt collector; (b) make arrangements to pay the debt; (c) do nothing and hope that even more time goes by and that the creditor does not sue or put this on your credit report as a delinquent debt; or (d) file bankruptcy. If you are sued then take the complaint to a lawyer for review.

Bottom line - is this your bill or a bill which you are responsible for? Surely you would know. If its a small bill and its your debt, I would focus less on the billing practices of the dentist and focus more on making arrangements to pay the bill rather than let your credit be ruined.

The fact is that most of the health care providers and dentists have slack billing practices from what I have experienced in my own personal life and for clients. It does no good to focus on that unless the dentist or health care provider is trying to impose a penalty. If they are, then I would argue that the penalty should be waived because of their tardiness. But if not I would drop it.

Regardless of whether they send a bill or not it is your responsibility to pay for the services in full at the time they are rendered or work out an arrangement that is mutually satisfactory or else do not get the dental work done.

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10/15/13, 4:39 pm

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