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debmcd72 · Apr 28, 2010, 08:16 AM

I was served with a warrant in debt by a lawyer representing a dentist office. I owe the money and want to pay it before court. However, they have added a large amount of lawyer's fees and I was under the assumption that you did not have to pay the lawyer's fees if you paid the debt before going to court. They said that this was incorrect and that I would have to get my own lawyer to fight that. Of course, I can't afford a lawyer but I do not want to pay an extra couple hundred dollars. Can anyone help please?

JudyKayTee · Apr 28, 2010, 08:23 AM

Once the creditor incurs legal fees you are asked to pay them. Apparently an Attorney is involved and someone has to pay that person - and why should it cost the Dentist to collect on a legitimate debt?

The best you can do is attempt to negotiate a lower settlement than what you owe.

I don't see you hiring an Attorney changing the situation - by law the creditor is entitled to legal fees.

Why did you let this debt go to this stage?

debmcd72 · Apr 28, 2010, 07:32 PM

I appreciate your help but am disappointed by your admonishment. I didn't feel like going into detail about WHY I have this debt but since you seem so quick to judge... my husband and I had both lost our jobs within a month of each other. I explained that to the dentist's office and asked to set up a payment plan. They refused payments. Yes... they REFUSED payments. They said, "Come back when you have the full amount." Then, I was served with the warrant.

JudyKayTee · Apr 29, 2010, 08:11 AM

Originally Posted by debmcd72

I appreciate your help but am disappointed by your admonishment. I didn't feel like going into detail about WHY I have this debt but since you seem so quick to judge...my husband and I had both lost our jobs within a month of each other. I explained that to the dentist's office and asked to set up a payment plan. They refused payments. Yes...they REFUSED payments. They said, "Come back when you have the full amount." Then, I was served with the warrant.

Why didn't you send them payments anyway, no matter what they said?

I appreciate that the economy is bad; I appreciate that a lot of people are not employed and are suffering financially.

You asked a question about Small Claims Court and I answered it - you could have made payments, regularly, no matter how small. You would look a lot better in the eyes of the Court and maybe, just maybe, the Dentist would have seen you were struggling and you wouldn't be in this position.

I'm sorry you see it as quick to judge - you have an unpaid debt which has gone this far. I don't know what the time frame was but unless you post everything that is pertinent (including the refusal to accept payments) it is difficult, if not impossible, to provide an answer.

You said you would like to pay the debt (and now that I realize you offered payments but they were refused) which leads me to believe you have the funds to pay this - you were concerned about Attorney fees in addition to the debt.

Fr_Chuck · Apr 29, 2010, 08:17 AM

1. they are not required to accept partial payments
2. you can send them money toward your account, and if they send them back, keep that as evidence you tried to pay
3. yes once they hire an attorney you become liable for collection fees, plus late charges and perhaps eve interest in some areas.
4. It is not common for some debts to double, triple or more as they head for court.
5. in court you will also have to pay court costs so when you get to court, it will be even higher than it is now, plus there may be more legal fees for the cost of their attorney to appear in court

Or when they would not accept part, have you started putting back some money each week toward this, so now you would have close to the full amount