Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hi! LegalGems here. My goal: To Do My Best To Assist You. Please remember, I can only provide general information,as this is a public forum.
What kind of service did this contract involve?
A deep scaling dental cleaning. About one-half completed. Very unprofessional and questionable practices,Costly ($800)
OK; so there would be 2 options - to sue for professional negligence and request damages - i.e. the amount paid for the service; or sue for breach of contract. A breach can be either material or immaterial. If it is so egregious as to go to the very heart of the matter, the breach is generally considered material, and generally the plaintiff is compensated in the form of reimbursing any monies paid.
In order to successfully bring an action, it would be best to get a dentist or a hygenist's statement, stating that the deep cleaning was not done according to satisfactory standards.
You can do this in small claims.
Here are some relevant codes: http://law.justia.com/codes/oklahoma/2006/os15.html - for example, see section 1559 constructive fraud.
Should I first give them the option to settle on a reduced charge (contracted for $200 monthly) against my checking account?
If you feel that you did in fact receive some benefit, that would be the equitable thing to do. Presumably you received no more than $400 in benefits since the treatment was only half completed. You can negotiate that amount down based on your contention that the work was substandard.