Results 1 to 5 of 5

Hybrid View

  1. #1
    Join Date
    Mar 2009
    Posts
    2

    Default What's the Legal Limit for Late Fees on a Medical or Dental Bill

    My question involves late fees for a dental bill in the State of: Georgia

    I have a dental bill from last July (2008) from my dentist for ~$27 after insurance paid their portion. I was laid off from my job shortly thereafter and have been unable to pay the bill.

    My dentist has known me for ~25 years, so I called his office manager and explained why I could not pay the bill. She seemed understanding at first, but that soon changed dramatically. I had hoped to be able to pay it by now (I have always paid all my bills on time until now), but not having prescription drug coverage has eaten my meager savings and then some. I have not been able to find full-time work yet and unemployment benefits do not even cover my mortgage and food.

    The dentist has started charging me $25.00 a month for the past several months... my balance is now over $150. While going through some old school papers recently, I found a savings bond that I had won in junior high school. With that, I can pay the original $27 bill but not the late fees. And...

    I have done a little research and believe this high of a late fee may be illegal according to Georgia Usury Law - SB157 passed in May 2004 (??? 16% is the maximum interest that can be charged for amounts under $3000) and also is disproportional to the amount I owe.

    However, I do not know if the Georgia Usury Law applies to late fees for a dental bill? Can anyone guide me on what to say in a letter to my dentist if it does?

    Thanks!!!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What's the Legal Limit for Late Fees on a Medical or Dental Bill

    Exactly what did the contract you signed, promising to pay for services you received, say about late fees?

  3. #3
    Join Date
    Mar 2009
    Posts
    2

    Default Re: What's the Legal Limit for Late Fees on a Medical or Dental Bill

    I did not sign anything regarding late fees, nor has there been any kind of notice in a prior statement- nor a sign in the office regarding late fees.

  4. #4

    Default Re: What's the Legal Limit for Late Fees on a Medical or Dental Bill

    Dentists that provide payment options and dental plans for easy payment also gives you time to manage your treatment cost.

  5. #5

    Default Re: What's the Legal Limit for Late Fees on a Medical or Dental Bill

    Send your dentist a letter disputing the amount of the bill. Say you owe $27, here's the check. If you cash the check Dr. Dentist, you agree the debt is settled. Keep copies of everything.

    Georgia has a relatively new statute that is part of our Uniform Commercial Code that permits accord and satisfaction by acceptance of a properly marked check. The Blitch case is the first Georgia case to apply that statute. According to the Court of Appeals, this is what you must do to tender a check to create a valid accord and satisfaction.


    The person tendering the check for a lesser amount must do so in good faith. In other words, you can’t try to trick the recipient, especially a large organization, who may not read every word on the check.
    The amount of the claim must be subject to a bona fide dispute. Both sides must be aware of the disagreement over the amount owed.
    On the check, or in a letter accompanying the check, there must be a written conspicuous statement to the effect that the check was tendered as full satisfaction of the dispute. A statement is “conspicuous” if it is so written that a reasonable person against whom it is to operate ought to have noticed it.
    http://atlanta.bizjournals.com/atlan...6/smallb4.html

    I would put the "conspicuous statement" on both the check and the letter.

    1. Sponsored Links
       

Similar Threads

  1. Rent and Utilities: Late Fees for Non Late Rent, Water Bill Payment Applied to Late Fees
    By cwhite in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 10-10-2010, 09:07 AM
  2. Homeowners Associations: Legal Fees on New York Co-Op Maintenance Bill
    By petrossian in forum Real Estate Ownership and Title
    Replies: 7
    Last Post: 10-06-2010, 07:19 PM
  3. Security Deposits: Is It Legal to Deduct Late Fees From a Security Deposit
    By LuLuDancr in forum Landlord-Tenant Law
    Replies: 6
    Last Post: 07-09-2010, 09:25 PM
  4. Minor Given Medical-Dental Care with No Permission from Legal Guardian
    By Guccigirl7 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 11-10-2008, 09:35 PM
  5. Is There A Limit On Late Fees For Unpaid Invoices
    By thoffland in forum Independent Contractors
    Replies: 4
    Last Post: 08-09-2007, 11:28 AM
 
 
Sponsored Links

Legal Help, Information and Resources