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About John Hall
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Law school graduate, Juris Doctorate (J.D.) Degree; Over 25 years of experience throughout the United States in bankruptcy law matters (Chapters 7, 11, and 13 of the United States Bankruptcy Code) primarily representing individual debtors with consumer debt or small businesses; Experience has included all aspects of debtor/creditor relations.

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FREE BANKRUPTCY HELP. If you are being sued, if your home is being foreclosed, or if you are being harassed by bill collectors, filing for bankruptcy may be a quick and inexpensive solution.. The mere filing of a bankruptcy will operate as a federal court order (it is called an automatic stay) to stop all bill collection efforts, including lawsuits that are pending or ongoing. Bankruptcy is a legitimate way to meet your problems with debt head-on. The bankruptcy law is designed to give you a second chance to make a new start without the psychological and financial burden of pressing debts that you are unable to pay. Depending on what state you live in and what your assets are, it is very unlikely that you are going to have to lose anything if you file for bankruptcy, and this is something that you can do immediately without having to pay the $500 to $1,500 attorney fees that most attorneys charge. Also, you might be surprised that you can file for bankruptcy and that it will not have the devastating effect on your credit that most bill collectors describe. Life is too short to have all this anxiety over losing your car through repossession, getting evicted from your home, or losing your home through foreclosure. Bankruptcy law was designed to give you a second chance. I will not charge you just to talk on the phone. Call me at 432 853-5711, or send me an email at j_h14@hotmail.com with your telephone number, and I will call you back.
 
   

You are here:  Experts > Business > Corporate Law > Collections Law > Full & Final payment stated on check

Collections Law - Full & Final payment stated on check


Expert: John Hall - 5/14/2006

Question
John,

Although I have paid the original charges in full, a dotors office keeps billing for interest and each month a new $10.00 re-billing charge.  

I worked very closely with at the time billing person "Joey" who recognized there was some insurance billing discrepancies.  Together "Joey" and I worked closely to work these out.  "Joey" assured me that they would not collect on the finance charges since I was dilegently working on why was the insurance company not paying correctly. Of course, "Joey" is no longer there.

I paid the doctor's office 100% of the inital charges. I wrote on the front and back of the check PAID IN FULL AND FIANL SATISFACTION.  This check was cashed.  I am still being billed for the finance charges and re-billing charges.  The doctor's office said I signed a form indicating I would be held responsible for these charges when I first went to them.  I have written letters to the doctor contesting these charges, but to no avail.

Does the PAID IN FULL AND FINAL SATISFACTION superceed any previous so-called agreement to pay interest & rebilling charges?

Thank you for your time and attention to this regard.  

Suzanne  

Answer
The general rule (to which there are some exceptions) is that when they cashed the check marked in full an final satisfaction that they are stuck with that.  If they bring suit against you, depending on the specific law of the particular state you are in, it is likely that you would win.  Having said that, what do you do in the meantime?  At this point, particularly if they are not reporting this on your credit report, it might be best to see what they do -  in other words, it is their move -  if they sue you for not paying, then you respond -       If they do bring a lawsuit against you, or it they turn this over to a collection agency or an attorney, then let me know and we can discuss your further options at that point.  

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