Friday, March 14, 2003

Statute of Limitations of Dental Bill

When a person gets dental work done, he agrees to pay the cost of the procedures that he receives from the dentist and his staff. After the procedures have been performed, the person is legally obligated to pay the amount of money that he is billed. If he does not, the dentist or a representative may sue him in court. However, the dentist must sue before the state statute of limitations expires.

Medical Bills

    Medical bills can be considered a type of written contract. This is because before a person receives treatment from the dentist, he will typically be required to sign a contract in which he agrees to pay for the cost of his treatment. A dental bill, therefore, is just as legally enforceable as any other type of written contract. A dentist can sue the patient in court for breach of contract if the bill goes unpaid.

Statute of Limitations

    The statute of limitations on debt collection is the length of time that the creditor -- in this case, the dentist or his bill collector -- has to file a lawsuit against the patient for failing to pay his bill. After this statute has expired and a lawsuit has not been filed, then, although the patient still owes the dentist for the work done, the dentist has limited means of collecting on the debt, as he cannot take legal action to seize the funds by force.

State Laws

    The exact length of time of a statute of limitations depends on the laws of the state in which the debt was taken out. States generally provide different statutes for different types of debts, such as oral contracts, written contracts, promissory notes and open-ended accounts, such as lines of credit. In addition, the start date of the statute of limitations will depend on the laws of the state. Usually, it will begin the date the account went delinquent.

Considerations

    Statute of limitations can, under different circumstances, be reset or extended. In many states, a statute of limitations will be extended if the status of the account changes. For example, if the account is written off, then the statute may reset. Or if the debtor makes a payment on the account, then the statute of limitations may similarly be reset. In addition, sometimes a judge can order a statute extended.

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