Vacaville, CA asked in Uncategorized for California

Q: Dentist wont return money for services I decided not to do until I sign form but that money was never legally mine.

Family member paid upfront for services and the insurance paid them after. They applied that to my account as credit for future work instead of reimbursing my family member who paid it. They say I agreed to do but decided not to do it with them. The dentist refuses to pay back my family member without ME signing a form. They said I agreed to using that money for the treatment plan but that money was never mine in the first place so I could not have agreed to it. They want me to sign it even though they know it was not paid by me. I do not want to sign anything. Is what they are doing legal?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California, dental practices are required to handle refunds properly, especially when payments are made by third parties. If a family member paid for your dental services and you chose not to proceed with those services, the dentist should refund the payment to the payer, not hold it as a credit on your account. Since the money was not yours to begin with, the dentist should not require you to sign a form to release funds that are legally owed to someone else.

The insistence on having you sign a form, despite knowing that the money was paid by your family member, can be seen as inappropriate and potentially unlawful. Under California law, businesses are generally expected to issue refunds to the original payer when services are not rendered. If the dental office refuses to comply, you and your family member have the right to dispute this through the appropriate consumer protection channels or seek legal advice.

It's important to communicate clearly with the dental office, stating that the payment was made by your family member and requesting that the refund be issued directly to them. If the dentist continues to refuse, consider contacting the California Dental Board or a consumer protection agency for further assistance in resolving the issue.

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