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Paying medical bill as agreed OC over a year, then sent to collxn - is it legal?


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I made payment arrangements with a dentist (the OC) and have been paying as agreed since Oct 2005 and have proof. Now a collection agency (CA) is collecting for the debt, and my CRA says they started collecting in 10/2006 or 5/06, depending on the CR. Is this legal? Are there any laws that prohibit collection of a medical debt if I have made the arranged payments faithfully?

In April '07 I sent the CA a settlement offer via registered mail. They completely ignored it. I didn't ask for validation (dummy) then.

Now I just want the CA to remove the collection account from my CRA. I haven't stopped paying the OC as agreed.

Any legal whizzes out there?

I've seen these threads on similar topic (links below), but could not find the answer to the question: If you pay as agreed each month, can a medical OC send a medical bill to a collection agency?




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Do you have anything from the dentist agreeing to the payment arrangement or can they give you a letter stating that you are in a payment arrangement with them? If yes, send them a Cease and Desist letter and also state that their services are no longer needed since you are already in an existing agreement which was prior to any communication they had with you.

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You can actually sue the dentist office for breach of contract because they had a binding agreement with you for the payment arrangements.

Lets be blunt here. Most medical practice offices don't know their a$$ from a hole in the ground when it comes to their legal responsibilities. I personally go rounds with a medical practice at least once a year over such things.

You should speak to the dentist office directly and in person. It's harder for them to disregard you if you are standing in front of them with people sitting in their waiting room.

You need to remind them that you had an agreement for payment arrangements and that by accepting payments as agreed they are bound to that agreement. You should then ask them to recall the collection. If they refuse, you can remind them that they can be held vicariously liable for the actions of the debt collector they hired when they are aware that the collector is in violation of the payment agreement.

If they won't budge, you can take them to court for defamation of character, and for vicarious liablility under the FDCPA and/or FCRA.

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