Expert: Creditwrench - 6/11/2008

Question
I have 2 separate medical bills from separate doctors, both in the state of Minnesota.

#1 I have a written agreement that if they were to cash my first check that they were agreeing to the written terms in my letter, of paying that same amount on time, every month.  They cashed the check and after a couple of billing cycles, informed me in writing that my payment was not enough and if I didn't pay more they would send me to collections.  Is this legal?

2. I have a verbal agreement and have been making payments on this medical bill for 9 months, always on time, every month.  They have recently contacted me saying that now my payments were not enough and must be more or paid in full or they will send it to collections.  Is THIS legal?

Answer
About your written agreement. Was it signed by someone in authority who worked there? If not, did you include a cover letter with the same wording as the wording back of the check? Did you send it certified mail return receipt requested? And did you have the agreement verbally first and recorded so you can ?prove that they knowingly agreed to it? And then did you send each and every payment to them by bank certified cashier's check with the same wording on the back and the same cover letter included? If you have all of those things then you might be able to enforce it by filing a lawsuit against them. If you didn't have all those things in place you probably wouldn't stand a chance.

Can they refuse to accept your payments and turn you over to the collection agency? Yes, they can and often do just that.

Bill Bauer
405-684-9297
405-227-9423

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