Verbal and Written Agreements with Medical Provider

Asked over 1 year ago - Davis, CA

A medical provider made a phone verbal agreement with a patient on monthly payment installments to pay for a medical bill and made a phone verbal promise to the patient not to send the bill to a collection agency.

The Medical provider then confirmed in writing the agreement of the payment installments.

The patient pays the installments every month as agreed. While the patient was making the monthly payment installments and having already paid half of the balance, the medical provider transfers the unpaid half of the bill to a collection agency.

Did the medical provider violate its verbal agreement with the patient to make monthly payments and not send it to a collection agency?

Did the medical provider violate its written agreement with the patient to make monthly payments?

Attorney answers (3)

  1. Michael Raymond Daymude

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  2. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    Answered . 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.

  3. Benjamin Joseph Sansone

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    1

    Answered . 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.

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