Can a warrant be taken out for me for a stop payment on a check?
A warrant means a criminal charge and that you are going to be arrested. You need to get a lawyer now. Do not depend on Internet advice for this. Do not communicate with the dentist's office by telephone unless instructed by an attorney hired by you. Do everything in writing and save copies for court. You will have to go to court, but you seem to have a fairly strong case to win when you get there. Leave out all the stuff about who is "nasty". The law does not care about politeness and it is too subjective to prove. The key issue is this: The check was payment for a bill that you learned (after you wrote the check) had already been paid. That was a legitimate reason to stop payment. The statement from the insurance company shows that a payment was made and that the actual amount you owed was less than the amount of the check. The problem lies in stopping payment on the entire check when you did owe some money. You would have a stronger case if you had paid your 40%, or at least had stopped payment on only 60% of the check. Even if the dentist will not let you pay the 40% that you owe by phone, you should send them a payment for the 40% that you owe. (Make sure to send it certified, return receipt requested, because you make them sound like the sort of dishonest persons who will deny receiving it.) Discuss with the lawyer the possibility of you bringing a civil suit against the dentist's office for (a) the amount you have to pay the lawyer, (b) fraud, (c) anything else the lawyer can suggest.
by StephenWeinstein - 21 minutes ago
Yes, it is. You paid for a service via a check, then stopped payment. That's criminal. You're going to have to, at the very least, pay the amount you owe, and go to the police to get this straightened out.
by mbrcatz - 21 minutes ago
I would follow up with your insurance company just to make sure that a check has been issued for the 60%. It's possible that it wasn't, which would explain why the dentist office wants you to pay the full amount. If for whatever reason your insurance company did not send the check, or the dentist's office did not receive it, you are legally accountable for the full amount due. 1. If your insurance company did issue a check, they should also be able to confirm whether it has been cashed. If the dentist's office has cashed the check, follow up with your lawyer. If the check has not been cashed, contact the dentist's office, confirm whether they have received the check, and have your insurance company re-issue the check if they have not. 2. If your insurance company has not issued a check, find out why. If you can get them to issue a check, wait a week, and then follow steps 1. If they will not issue a check, I would pay the dentist's office in full, and then deal with the insurance company to get reimbursement for the 60%. They can always make the check payable to you. This is just my opinion on how to best handle the situation, keep yourself out of trouble, do your besst to get it taken care of, etc. I hope this helps!
by Aunt Paddy - 21 minutes ago
that's a legal issue. the insurance answer is NEVER pay a bill until you've seen the explanation of benefits from the insurance company. Send them a kind letter requesting a bill for the amount you owe and cc the insurance company wondering why you still owe the "full" amount after they've already been partially reimbursed. Claim that you're not paying until you get an itemized bill as it sounds as if they're "trying to get paid more than what they are due." Also kindly explain that you were treated rudely and don't feel as though you need to pay anything until the amount is properly explained in a "professional manner." Good luck
by Insurance Pickle.com - 21 minutes ago
I would have paid the whole thing and taken them to small claims court. It was not a good idea to stop payment on a check.
by L.F. - 21 minutes ago
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