Legal Question in Credit and Debt Law in Texas

Excess refund

I recently received two $500 refunds from a medical billing company. I was due one refund, but the second was a mistake. I had forgotten that I had received the first, so when the company called months later and told me that I was due a $500 refund, I agreed. They eventually, months later still, sent me this second refund. I cashed it. Months later, they called stating that I had received two refunds, and they demanded that I pay the money immediately. I requested, and they produced evidence that I had, in fact, cashed two checks. I agreed to repay the money. However, now they have billed me for $1000, not $500, and they have reported it to the credit bureau. This same company has repeatedly billed me for a couple of thousand dollars. These bills were in error, as I paid my entire bill at the time of my surgery, over a year ago.

What are my rights, and what can I do to resolve this matter? I will pay what I rightfully owe, but I don't want to pay them until they straighten out the billing situation. If I hold out on paying, what action can they take against me?


Asked on 5/11/04, 10:14 am

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Excess refund

Send them the $500 that you owe. As to any differences, you'll just have to engage in a letter-writing campaign to try and get it sorted out.

Write to the credit bureaus and ask for their forms for amending or correcting a negative entry.

If you hold out on repayment they can sue you, and make a legitimate black mark on your credit.

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Answered on 5/11/04, 10:29 am


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