Legal Question in Credit and Debt Law in Georgia

I have been paying monthly on a medical bill, over $50 each time. The hospital has been accepting my payments and stopped sending me statement in Oct '14. I last paid on the account on 6/4 leaving a balance of $800.00. On 6/25 I received a call from a collection agency. I did not receive any notification that they were sending my non-delinquent account to collections. Can they legally do this in Georgia?


Asked on 6/25/15, 12:33 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

They don't have to give you any notice they are sending it to a collector. The "notice" is having an overdue debt.

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Answered on 6/25/15, 12:56 pm

Asking this question "is it legal?" is a bit ridiculous. I know what you mean but if it is not a specific crime then anything is legal. As noted by Attorney Riddle, you already had notice that a bill was owed. You do not get further notice that a bill is being sent to collections. Many medical providers turn over accounts within 30 days after a bill is due if its not paid.

You do not indicate whether you have been sending in money whenever you feel like it or if you had an agreement. If there was an agreement, was it in writing? If no, then there was no agreement. What did you expect the hospital to do when you sent them money and you owed a debt? They sure as heck would not return it. You paying money when you feel like it does not make an agreement or accord and satisfaction.

Hospitals are entitled to payment at the time services are rendered. They are not a bank or a lender. If payments are what you want then take out a loan to pay the bill. Hospitals do not have to give payment plans although many do so for awhile. But their patience is not infinite and they can send to collections at any time.

After a debt is turned over to a collector, by law, after the collector first calls you, the collector is required to send a letter about the debt. When you get that letter, you can dispute the debt in writing and demand to see an itemized statement reflecting all charges and credits. Do that and make sure that you have been given credit for all payments made and that you have not been overcharged.

You ultimately owe some amount of money. Can you pay in a lump sum? If not, then get an arrangement set up with the debt collector to make payments but get it in writing first before you send money. Do NOT give them access to your bank account and do not pay by personal check; use a money order or cashier's check only.

If you can afford to do so, perhaps you can do what is called a "pay for delete" where you offer to pay the bill in full in return for the hospital deleting adverse information about the debt from your credit report. If you cannot pay in full, but have at least $400 (50% of the debt) then offer to settle in a lump sum. Many hospitals will take that deal. If you can only afford to do payments, then you will be stuck paying the whole debt. But get it in writing and try to get this paid off as quickly as possible. Try to pay $100 a month at least. Many creditors and collectors will not accept less than that.

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Answered on 6/25/15, 2:08 pm


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