Legal Question in Credit and Debt Law in Illinois

orthodonist refusal to remove braces until debt paid

I owe the othodonist $3,100 and am behind in payments.

My daughter is wearing braces fitted by the orthodonist.

He will not remove the braces until the entire amount is paid in full. That could mean six months to one year she will have to wear the braces beyond the time they were scheduledto come off. Is this means of collecting a debt legal? Its seems like extortion.

Asked on 1/14/05, 12:14 am

1 Answer from Attorneys

Kevin Plachta The Law Office of Kevin F. Plachta

Re: orthodonist refusal to remove braces until debt paid

It is not extortion, but the dentist could be opening himself up for a negligence practice suit if failure to remove the braces in a timely manner brings about complications for your daughter.

On the other hand you owe the dentist money and he expects to be paid. I recommend that you approach the dentist with at least part of the money that is past due and a payment schedule that you can both live with, along with your request to have the braces removed. Showing some "good faith" on your part by paying him some of the money he is owed may encourage a little good faith on his end as well.

Good luck!

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Answered on 1/16/05, 11:10 am

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