You are here:

Civil/Commercial Litigation (Lawsuits)/Charged more than Quoted Price

Advertisement


Question
Earlier this month I went to a medical specialist. When I called the office to set up an appointment I asked how much a consultation would be without insurance and was told $200. At the appointment I was asked how much I was told the appointment would be and I told them $200 and paid that amount. Several weeks later I receive a bill in the mail saying that the consultation was $230 and that I owe them $30. Do I have any options in this case? Thanks.

Answer
Hello Paul,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.

A contract can take many forms, and some are even formless as they are implied.  What you describe here to me seems to be a verbal contract.  It appears that there was an offer to provide services for $200, you accepted it, received the service, and paid the agreed upon price.  Both the service and money are legally sufficient consideration; so you have the main ingredients of a contract.  It seems to me that your performance is complete.  Assuming you can prove the statement quoting the price, and you made no other agreement, I should expect you to prevail in a dispute over the $30.

I suggest that you write a letter to your opponent, sign and date it and keep a copy, setting forth your position asserting that the bill is paid in full.  In the event there is a dispute, you may do well to use that letter as part of your evidence.

Also, I wouldn't shop with that provider again.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
http://smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law

Civil/Commercial Litigation (Lawsuits)

All Answers


Answers by Expert:


Ask Experts

Volunteer


Morgan Smith

Expertise

Civil litigation (contract claims, landlord-tenant actions, forfeiture suits, residential construction defect matters), Family law (divorce, custody modifications, child support modifications, and pre-nuptial agreement), new business start-ups, civil forfeiture, asset forfeiture. Please do not submit your question as Private. It is my policy not to answer Private questions from members of the public here on AllExperts; I reserve that function to my private clients. Although AllExperts permits me to change your questions from Private to Public, it is my policy not to do that. I encourage you to resubmit your question as a public question. Your public question has the potential to help others with similar concerns. I suggest that you use a pretend name and otherwise alter sensitive facts that make you inclined to treat your question as Private, and submit your question to me Publicly.

Experience

I've been practicing law in the State of Minnesota since 1995. I've worked in skyscraper firms, and now my own small firm in Minneapolis. Past answers from my earlier participation on AllExperts is posted at: http://en.allexperts.com/q/Civil-Commercial-Litigation-911/indexExp_80217.htm

Publications
AllExperts, Yahoo Answers, http://smith-and-raver-llp.biz/News.html

Education/Credentials
J.D. William Mitchell College of Law, St Paul, MN

©2016 About.com. All rights reserved.