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 often arises in debt collection cases. Once a debt is referred to an attorney, it can be challenging to avoid paying the associated fees. If the debt is settled before being sent to an attorney, you may avoid these fees. However, if the case has already been referred to an attorney, the fees are usually more difficult to negotiate.
If the matter goes to judgment, the court will likely include both the debt and the attorney fees in the judgment amount, which the court determines. Here are some options you may consider:
- Contact the dentist to see if they will drop the case if you pay the full amount owed, excluding attorney fees. The dentist may have an arrangement with the attorney that affects this.
- Contact the attorney and propose to pay the debt if they agree to waive the attorney fees or reduce them.
- You could send the attorney the amount owed minus the fees and see if they accept it. However, they could still pursue a judgment for the fees.
- File an answer to the summons admitting the debt but disputing the attorney fees. At the hearing, you can request the court to lower the fees.
Consider your options carefully, as failing to respond to the summons may lead to a default judgment against you.
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.