Legal Question in Credit and Debt Law in California

Never signed for credit with a dental company who insisted that I pay off balance in which monthly payments are overdue.

Asked on 10/04/12, 4:21 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Is the debt owed to the dental provider, or is it owed to a third-party medical finance company such as GE's CareCredit? If it is owed to the dental provider, they can definitely enforce the requirement that you pay the debt. If they were accepting payments, it is generally just a voluntary agreement on their part. If it is owed to a third-party, then you need to demand proof that you agreed to the terms of the credit they are attempting to enforce. In most cases, you can obtain credit from someone like CareCredit without having ever signed for the credit, and it is enforceable, it's just a question of the statute of limitations that applies to enforcement of the debt, and potentially the terms of the extension of credit.

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Answered on 10/05/12, 11:50 am

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