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Oct 21, 2024
4:11:23pm
Endocoug All-American
HCBW received notice that a lawsuit was filed against her
A summons hasn’t been issued yet. It’s small claims (~$1500).

She had dental work completed. At time of completion, she paid in full and received a receipt and invoice indicating (1) a zero prior balance, (2) paid in full, and (3) a zero current balance.

Months later (approximately 2 years), the dentist altered the billing and sent a collection email with the new altered bill indicating a balance.

The HCBW declined to pay and could not get a satisfactory response from the dental office as to why the changes were made. (We know why! But the dental office declined to comment)

Several weeks later, the HCBW received a letter from a collection agency seeking payment. An attorney responded indicating we have a final statement indicating a zero prior balance and zero current balance. He also indicated that ongoing efforts to collect would be a breach of the Fair Debt Collection Practices Act. We never heard again from the debt collector.

10 months after that, we receive notification that a small claims lawsuit has been filed. It’s not by the dental practice (the business) but by the dentist (the individual).

Assuming the court summons is sent to the HCBW, how would you all handle this? It’s not worth the time and effort to fight it. But it’s also completely frivolous. It’s also strange that the individual is filing the lawsuit and it’s not a business lawsuit.

What’s the best way to deal with frivolous lawsuits?

My concern is that if the HCBW just pays the amount, this individual will file another lawsuit and it will keep going.

For added context, this dentist is the spouse of the individual that has filed two lawsuits against me. So this most recent one appears to be aimed at harassing the HCBW (and by extension, myself as well).
Endocoug
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berkleycoug
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Endocoug
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Jul 17, 2005
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Oct 21, 2024
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