My Dentist Judgment Story

Discussion in 'Credit Talk' started by beary, Aug 17, 2001.

  1. beary

    beary Well-Known Member

    My credit is not a wreck, ( just perhaps a small accident ) but I'm hopelessly stuck in the sub-prime market. :-( I just bought a house, a sub-prime loan with (I think) a good company called Option One Mortgage. However, I want to refinance my house as soon as possible, the 10.4% rate sucks. Went into closing with a quote of 9% and then the underwriters "changed their minds" and was hit with it on closing day..I didn't have much of a choice.

    Anyway, that is not really my problem. This is my biggest problem right now.

    I have a judgement from a scumbag of a Dentist. He is very unethical and a blemish on the practice.

    I'm unsure what to do ...

    * Five years ago had a root canal, dentist placed a temporary crown, said a new crown would cost about $1,200. (note the very high price of something that should cost about $600 less)

    * I told dentist I was short on funds and as my insurance would only cover 50% I wanted to just live with the temp for a year. He took impressions first then told me how much it would cost. That's when I said, "Thanks but no thanks".

    * Well, the jerk ordered the crown anyway . He then billed my insurance company, they paid him over $600 for the crown and he then sent me a bill for $600 plus. I told him that I did not authorize 1. the charge to my insurance company and 2. the purchase of the crown. He said, too bad too sad, I know what's best, I'm your dentist now pay. AT this point my account was about 1K for these services. I paid down the account but then one day he asked me to do something quite unethical in my job. Apparently his Ex-wife worked in the company I was working for at the time as a System Administrator. He asked me if I would go in and delete all of her files and email. He told me that he would not charge me for the crown. I told him to get stuffed, that it would be a breech of ethics and it also a breech of his ethics to even consider asking me to do this.

    He would not install the crown until it was paid for so the crown was never "delivered" to me and the situation has gone down hill ever since.

    I ignored his bills to me. I moved to a new address and I thought I heard the last of it. Then last January I discovered a $600 judgement on my reports. I was never served with a court date and was surprised. As I made a successful investment and had the funds to do so and wanted to buy a house, I did what any foolish person not having read the creditinfo Bulletin Board would have done. I sent him a pathetic letter of apology and a check after calling his office and asking them exactly how much I owed and how they would like me to pay. I asked as a condition of my payment that he send me a letter releasing me from the debt. I send the check, then got a copy of an invoice marked "paid" by the Finance lady.

    Several months later I go to mortgage broker, discover the judgement is still there AND that there is another judgement amount for $612. We figure there is an error. My Mortgage broker contacts the Three Stoodges with my paid receipt and tells them the other amount is in erro, two of them remove the line, Equifax holds steady.

    Equifax said they contacted the dentist and he refused to release the item because the second amount is for "legal fees".

    Is something rotten in denmark?

    Unrelated but good for conffession, I want to add that I also have (I'm so embarrassed) a wrongfully charged off acount (paid in full) with Cross Country Bank. and I have a collection from B of A for $75..have no idea why...and another paid off collection for a bad check I have paid on several years ago from Price club (marked paid). I also have some other usual goodies on my report that I wish were removed. My main concern is this judgement thing. I'm not an assertive person, and I would hate to have to go to court to do this.
  2. Lionel

    Lionel Well-Known Member

    If service of the hearing was made to your old address, you can get the judgment vacated.

    first get a copy of the complete file from the courthouse. In there will be an affadavit of service, which shows who served you and where. If it's the old address, that's improper service.

    file a motion to vacate with the court, and they will set a hearing date, notifying both you and the plaintiff. If you both show up, the judge may vacate your motion, and will either set a new trial date, or hear your case righ there. (If the plaintiff does not show up, you win by default and get a new trial date).

    If you get a new trial date, see if you can work out a settlement or resolve the crown issue, and then file a joint motion to dismiss.
  3. recka

    recka Active Member


    I'm not so sure that this is true. If both parties were on the lease, then they are jointly and severably liable, and only one party has to be served. So if the ex still lived at the address where the papers were served she may be out of luck.
    Or at least this is what I was told by an attorney here is MA after I discussed my judgement with him. I had a dead beat roommate who got us sued after I moved out. I was still on the lease. Papers were served at the apartment we once shared, he still lived there, so papers were served properly. Just meant as an fyi...
  4. Lionel

    Lionel Well-Known Member


    does this apply to the dentist story? i don't see the part about the lease. but in etiher case, beary can call his courts small claims advocacy line for free legal advice.
  5. recka

    recka Active Member

    Wow, I'm hoping I was just responding to the wrong thread and not having some kind of delusional episode there. Nevermind what I wrote.
    An for those who are interested, you can buy my new book titled "How to confuse friends and influence no one".
  6. beary

    beary Well-Known Member

    Thanks! I've decided that I am going to seek the services of a professional to help clear this up.
  7. breeze

    breeze Well-Known Member

    Hahaha there are 2 similar threads on here, and beary posted this same question in the other one also. I think you just ran the two of them together. The other one had stuff about an ex and a lease, if I recall. Anyway, if you click on the "edit" button under your own posts, you can edit them or even delete them.

    So if you suddenly realize you said something dumb, you can unsay it before anyone notices.

  8. roni

    roni Well-Known Member

    did you file a complaint with your States board of dentistry. At some point you should have had a treatment plan and a consent form for treatment. If you signed that with the crown on there....oh well!

    But you should be able to get your insurance co to fight this for you. You see legally, he can not charge you or the insurance company until the crown is delivered. Think about it. What if the crown didnt fit? How do you know he ordered the crown? Did he produce a lab invoice?

    Those are some things to think about. I would suspect that this happened some time ago, and you may just want to let it go...but maybe you could call the dentist and tell him what you have on your mind now.

    Good luck though!

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