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RE Refuse medical payment

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  • Christopher Dilts
    Hello I know but cannot think of what law it falls under in consumer law. General speaking if you owe a debt and you produce payment in full after an oral
    Message 1 of 1 , Apr 26, 2005

      Hello

      I know but cannot think of what law it falls under in consumer law. General speaking if you owe a debt and you produce payment in full after an oral agreement in which the time is set for the payment to be made you made tender of payment. I am almost positive there is some law under 15 USC 1600s that states when a payment is made in full it must be applied or the creditor waives right to collect. I  will look into this but what I would do is do a fair debt collection practice act request for vaildation from the collection agency to see if the agency truly has legal statuts to collect the debt or if it is just presumative claim to the debt. (relying on your failure to dispute it). If the agency fails to respond or give the required information keep record of this so if the collection agency cannot collect the debt and it tranfers back to the original creditor to have attorney collect on this debt not only can you bring up a affirmitive deffense that tender was made, but you can counter sue for violations of consumer law. (at least making some money from the incoveince)

      Also it is important to note with medical debts some states have grants or write off programs that actually pay some medical debts off for the hostipals. I would make sure this did not happen by requesting a full statuts of the account. In many cases collection agencies have collected debts that have already been writing off or paid. Not to mention with medical debts there are possible defenses that you where charge more then nessacary if your form of payment was not by medicare or insurance.

      One last thing I would file online complaint with FTC against collection agency for trying to misrepresenting the statuts of  the debt.(Collection agency has duty to only collect valid debts once they have been made aware of any disputes to the validity of the debt) This should back the agency away from you. If your interested in more info on how to do this I have two packets on administrative and court litigation actics that can be used against creditors for 25 dollars each or Research CD which contains both books, case law, sample pleadings, summary of states laws, etc for 75 dollars. Let me know if interested and if I come across that law I send it your way. Although with some good time spent in law libarary researching you could obtain all the legal material you need.

      Jamie

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