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    dontknownuthin's Avatar
    dontknownuthin Posts: 2,910, Reputation: 751
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    #1

    Feb 27, 2009, 10:31 PM
    What to do about an order for default
    Long story short, had a dental procedure which turned out badly and cost way, way more than I anticipated. I have been making payments as able for it. Total bill was about $800 and I have $300 left to pay. Missed one payment and called the endodontist to explain that I was out of work and unable to keep to our original arrangements, but had every intention of paying the bill in full. They agreed to work with me, then served me papers to appear in court. The lawyer has the same last name as the endodontist - clearly a family member as it's a very uncommon name.

    I called this lawyer, explained my situation again, told him that the receptionist at the endodontist's office agreed to work with me and told him I was very upset they served me after that. He agreed to cancell the court date and work with me, and I promised a $150 payment within the week, which I paid and which cleared my bank. The next payment is not yet due.

    Now I got a postcard from the court saying that an order for default was entered by a judge, which if I understand right means that they kept the court date, appeared and made it look like I blew it off. I'm furious! And, I don't know what to do about it.

    I cannot at all afford a lawyer. I am still unemployed, still scraping together just enough to get by and survive. I got a tax return but it all went to bills.

    Now they've also added about $300 in legal fees to my bill. All because it took me extra time for me to pay an unexpected medical bill that originated less than 8 months ago! And most of it is paid!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 27, 2009, 10:53 PM

    Let me see, you trusted "their" attorney, you did not get any agreement in writing .
    And now you are surprised.

    You ow have to pay the extra legal fees and can be garnished if your state allows. So I guess you make sure you keep the payments up

    You were served, no way to prove the attorney told you anything, and even if they did, you still appear in court to say that an agreement was reached.

    I really don't see anything you can do
    dontknownuthin's Avatar
    dontknownuthin Posts: 2,910, Reputation: 751
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    #3

    Feb 28, 2009, 01:12 AM

    Yeah. He had promised to send something in writing, but it's not even been time enough for me to get anything in the mail. They cashed my check, too. I'm just wondering if they do another court date or anything.

    What a scam! It's like the wife is an endodontist and this is apparently how he makes his money - finds ways to stick a few hundred in legal fees onto his wife's bills.

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