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I don't have a receipt for dental fees that I already payed. Do I owe them the money?

Middle Island, NY |

The services were provided in 2012 for a dental implant; I handed over $2400.00; they never gave me a receipt; they told me that the money was received, but lost by a worker. I do have a check with the dentist's name on it that I used to transfer the money of to a different account for withdrawel (does this help me?); the dentist admits they are at fault; however, I have nothing in writing; they never even billed me. They told me in January '12 payment was in full and here it is, August, and they are telling me about this money missing. Even though they verbally admit it to me that it was their fault, can they come back at me and say, "Where's the receipt?" Again, in almost a year I never received a bill.

Attorney Answers 3

Posted

They could, but your defense is everything you've posted - document everything in a journal and get as many banking records as you can. I'd think they'd be more concerned about "losing" $2,400 - meaning an employee stole it.

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Asker

Posted

Thank you, Michael. Although, keep this in mind: I handed them cash; however, first transferred this money from one account to another with a check that has the dentist's name on it for the exact date that services were rendered. THEN I took the cash out. Again, even though I don't have a receipt for the cash that I gave them ($2400.00), I DO have a transfer check for the money that I took out on the EXACT day that services were rendered--again, this check has her name and reason why the money was transferred. I'm wondering how much weight this holds. I mean, can she come back and say, "Yeah, you transferred the money nearly a year ago, and the check has my name on it, but maybe you used the money for something else." With this in mind, how far does the court system go in placing the burden of proof upon the consumer. Isn't it the responsibilty for--in this case--the dentist to keep records? Thank you for all of your help--I really appreciate it.

Michael J Corbin

Michael J Corbin

Posted

I guess my first question is why you just didn't pay them with the check in the first place - you went to a lot of trouble to move money around to obtain cash. Seems odd. Regardless, this isn't an issue unless and until the dentist says he wasn't paid. But, he isn't saying that. The responsibility is on the dentist to prove he provided services and wasn't paid. Once he's made those allegations, however, you need to prove you paid him - that's the point of the journal - it will help. Good luck.

Posted

If you paid, then you don't owe them the money. Are they trying to collect from you? If so, then you would want to contact a consumer protection attorney to protect yourself although I doubt they will sue you for the money as it is a very low amount. They will probably not report to the credit bureaus either. Good luck.

My response does not constitute legal advice and we do not have an attorney/client relationship. You may contact me for more information at 845-290-9678 or at dkatz@dkatzlaw.com.

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Posted

As my colleagues have stated, you have paid.
This issue may be whether or not you can prove it, if a demand is made upon you.
If the dentist has admitted they are fault, you should document those facts in a journal, such as who said what and when.
Be prepared to respond in writing, if the dentist bills you for these charges, or if any collections should occur, which is unlikely.

General legal advice is offered for educational purposes only. A consultation with a qualified attorney is required to determine specific legal advice as to your situation and applicable law. We are a debt relief agency and we help people file for relief under the bankruptcy laws.

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