Full question:
We received a summons for an unpaid dental bill. The actual amount due is $991 however there are Attorney fees of $330.33. The Attorney has been nasty and we refuse to deal with him. After much thought we have decided to pay the $991. We do not want to pay these Attorney fees. My wife signed something from the dentist that stated if the account was turned over to an attorney we are responsible for 33 1/3 of the balance plus court costs. This will not go to court. I refuse to pay this Attorney anything in regards to this matter. <br><br /> What rights does the other Attorney have as we have agreed that we will pay the balance of $991 but NEVER EVER pay this nasty Attorney. We will send a note to the court stating we agree to pay the balance in full (which is what is actually owed) of $991. What can we do? What can he do? As we will simply not pay these fees?
- Category: Debts and Credit
- Date:
- State: New Jersey
Answer:
The issue of attorney fees is a common issue when a debt goes for collection.
The stage of the matter usually dictates how much leadway you have to avoid paying the fees.
If the debt is settled before it is referred to an attorney, attorney fees can be avoided.
After it is referred to an attorney and before suit, the amount of attoney fees can usually be negotiated and sometimes, if the debt is paid soon after contact, avoided.
Once suit is filed, the ability to negotiate the attorney fee amount is less likely although not unheard of. Each situation is different because the creditor, attorney and debtor are all different in each case.
In your case, if the matter goes to judgment the amount of the judgment will most lilely include the debt and the fees. The amount of fees awarded is up to the court and sometimes the court will set fees in amounts different than the amount sought. However, there is no guarantee.
As for options in your situation, there are many to consider. But if the matter cannot be resolved before the deadline for your answer to the summons, you may be facing a default judgment unless you file an answer.
1. Contact the dentist and ask if they will drop the case if you pay the full amount owed less attorney fees. They may or may not talk to you. Most attorneys have enough work and clients want to get paid and you don't know the specific arrangement between the dentist and the attorney. He may get paid anyway. You might also offer the debt plus a portion of the fees to the dentist.
2. You can contact the attorney and offer to pay the debt if he will forgo attorney fees. Or maybe he will reduce them.
3. You could send the amount owed to the attorney less attorney fees to the attorney and see if he will accept.
But he could still get a judgment for the fees is he wanted in an amount the court sets.
Likewise, he does not have to accept the amount unless it includes fees.
4. You can file an answer admitting the debt but disputing the amount of fees and at the hearing ask the Court to reduce the fees to a lower amount.
5. Many others.
You should do what you feel is appropriate in your situation and could include any number of things. The above are a few thoughts. p>
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
