Expert: Kathleen Eads - 6/15/2006

Question
I have a past due bill from a medical provider from last September. The past year, we've had a huge amount of medical bills and this one slipped through the cracks. It is 161.00. I got a letter from RS Clark in Dallas and told them that the summers are tough for us because my wife is laid off until August, but I would pay 60 now (which I sent and they've received) and I would pay 60 in 2 weeks, and the balance two weeks later. I was told (quite rudely) that I had to pay it all at once, I had no choice. I responded that THEY had no choice, as those terms were all I could afford, and I have every intention of paying. Since then, they have been calling daily, threatening my wife, the usual. I have asked them to stop calling my home and even gave them my office number if they needed to call. I'm sure it's because they know they can rattle my wife and force her to give up a credit card number or something, and I won't fall for it.

My question is, if I am making attempts to pay, can they still harass us? Do they have to abide by my request to not call the house? I know the easy answer is to somehow get the 100 and pay them, but at this point it simply isn't an option. I am in Washington State.

Answer
Steve,

I get asked this a lot.  "I'm paying something, so they need to leave me alone."  

I'd love to agree, but I can't.  I have yet to locate a law that says a creditor must cease & desist if you are making payments.  Unless it's an amicable deal you've reached with them, they will usually continue to contact you until the matter is resolved.  That's their job.  

My best suggestion...if you have room to charge this to a credit card...DO IT!  This will pay off the agency and then you won't have to deal with them anymore.  While I think you have offered a VERY fair payment schedule, the collector you are talking to is paid on how much they can collect.  The more they collect NOW, the more they are compensated.  Go over their head and ask for a supervisor, who will probably be more than happy to take a deal that pays off the account in a matter of weeks.  

I would suggest you get any agreements in writing.  

Hope you get it worked out,
Kathleen Crabtree-Eads