Verbal and Written Agreements with Medical Provider

Attorney answers (3)

1. Licensed in CA

   

   Michael DaymudePro

   Sherman Oaks Litigation Lawyer

   Contributor Level 20

   

   EmailVisit website

   2

   Lawyers agree

   Answered January 24, 2013 13:32. IMO, while it may have violated the agreement with the patient to accept monthly payments, it is not actionable because the patient was under a duty to pay the bill. Hence, no consideration flowed to the medical provider.

   I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... moreI am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference less

   • Mark as helpful
   • Flag
2. Licensed in CA

   

   Kevin SullivanPro

   San Francisco Debt Collection Attorney

   Contributor Level 20

   

   Email

   Answered January 27, 2013 21:12. Contact them and ask that they remove it from collections and ask that any negative entry on a credit report be removed as you have a payment agreement and have been making the payments as agreed.

   • Mark as helpful
   • Flag
3. 

   Benjamin Sansone

   Saint Louis Personal Injury Lawyer

   Contributor Level 10

   1

   Lawyer agrees

   Answered January 24, 2013 12:23. Probably not. It was a shady thing to do, however, it appears the agreement not to go to collections was verbal only and therefore not enforceable. If the collection agency puts in on your credit then you may have an FDCPA or FCRA case because you are making payments as agreed.
   
   Hold the collection agency to the original agreement and finish the payments. If your credit is damaged call a consumer right lawyer.

   • Mark as helpful
   • Flag