Legal Question in Legal Ethics in California

Missed Appointment Fee in Southern California

My husband had a dentist appointment where he was taking the spot of another who canceled their appointment. The appointment was for the next day of calling for family appointments. After confirming appointment with Husband after business hours, it was decided he couldn't go. I called before office hours the next day (note we're talking made an appointment in less than a 24 hour time period), and now their billing me 299 dollars for a missed appointment. Is this legal?, what are our options?


Asked on 9/23/07, 1:40 am

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Missed Appointment Fee in Southern California

This is more in the area of creditor's rights, and collection law, and I handle some cases there, but not my field of expertise. You may want to resubmit under "Collections Law".

Without doing research on this, I would talk to the dentist's office, and tell them this is outrageous. I would confirm my discussion in writing to DDS, and keep copy.

If they drop it, fine. If not, write another letter, certified, telling them you contest this, and give your reasons. If they send it to a collection agency, tell them you want to be sued in Small Claims Court. It is hard to believe (unless there is more than you are telling me) that you would lose, especially with copies of your letters.

Also, if it shows up on your credit history, you are entitled, free, to a 100 word explanation that the credit report must show along with the delinquent account.

I think I am correct in this advice, but no guarantees.

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Answered on 9/23/07, 12:45 pm


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