Legal Question in Credit and Debt Law in California

Payment sent back

I have a medical bill from an anethesiologist. I sent a partial payment of the total amount, and they sent it back, said the amount paid was not enough and did not accept. I read somewhere that if a payment is refused the debt is considerd paid in full. Is this true?

Asked on 9/15/08, 3:35 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Payment sent back

No, not really sure where you heard that, but it is not true. The creditor (the doctor) is under no obligation to accept anything but the full amount due. You will have to call them and negotiate some sort of payment schedule, or they will continue collection efforts.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 9/15/08, 4:17 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Payment sent back

What you heard was a myth. The creditor has the right to demand full payment, so you should contact and try to negotiate a payment plan you can afford.

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Answered on 9/15/08, 11:33 pm

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