re: Unreasonable medical bill

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lol

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I'm not sure what's comical here. Some guy provides a google.com answer and half of you nutjobs are in here agreeing with him.

Louisiana

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Art. 3079. Tender and acceptance of less than the amount of the claim

A compromise is also made when the claimant of a disputed or unliquidated claim, regardless of the extent of his claim, accepts a payment that the other party tenders with the clearly expressed written condition that acceptance of the payment will extinguish the obligation.

Creditor's acceptance of check for less than amount of debt, reciting payment in full, discharged debt. Dixie Mills Supply Co. v. Town of Homer, 1927, 6 La.App. 714.

By negotiating check containing language “full and final settlement” of all claims, plaintiff accepted those terms; his attempt to alter those conditions by scratching out the language before cashing check was irrelevant. F & S Enterprises, Inc. v. Cure, App. 4 Cir.1997, 690 So.2d 263, 1996-0729 (La.App. 4 Cir. 3/12/97), rehearing denied.

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Texas

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V.T.C.A., Bus. & C. § 3.311

§ 3.311. Accord and Satisfaction by Use of Instrument

(a) Subsections (b)-(d) apply if a person against whom a claim is asserted proves that:

(1) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim;

(2) the amount of the claim was unliquidated or subject to a bona fide dispute; and

(3) the claimant obtained payment of the instrument.

(b) Unless Subsection (c) applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.

(c) Subject to Subsection (d), a claim is not discharged under Subsection (b) if either of the following applies:

(1) The claimant, if an organization, proves that:

(A) within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place; and

(B) the instrument or accompanying communication was not received by that designated person, office, or place.

(2) The claimant, whether or not an organization, proves that within 90 days after payment of the instrument, the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. This subdivision does not apply if the claimant is an organization that sent a statement complying with Subdivision (1)(A).

(d) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim.

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I'll be the first to say I'm not intimate with Texas Law, but I'd say that statute is pretty clear.

good luck with that...let me know how your next mortgage payment goes

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Pay the bill. You used a service which is always going to cost more so you owe the money. You should be angry with your wife for overreacting over a simply cold and fever. A visit to the regular doctors during regular business hours would have cost the $150 (probably more) you are saying is a rip-off.

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quit posting all this righteous bullshite in all these threads. he has every right to go back to the clinic and negotiate a cheaper price. I don't care if it's $50 dollars, it's worth talking about. Business is business.

Sorry but who are you going to believe, Westlaw or freeadvice.com?

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The sad thing is theOG fashions himself an attorney is right along side you.

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slow down chief, no need to be a dick. when i'm wrong, i'm man enough to admit it; i was definitely wrong here.

So by writing "PAID IN FULL IF CASHED" after discussing with them on the phone, I should be cleared if this comes on my credit report as "unpaid?" *ignoring the hassels of a collection agency...

I can't give advice on Texas law and so this shouldn't be viewed as such.

I would call the billing department and tell the billing department that I am sendin $X as payment in full for the services rendered. I would then write "PAID IN FULL IF CASHED" or "PAID IN FULL IF ENDORSED" in the memo section of the check. In theory, if they negotiate the check, you would be free and clear.

I don't think anyone could tell you that this will keep you from haggling with a collection agency, and I am certainly not stating that either. However, if you do, you might have some recourse under FDCPA and other applicable state law.

Fair enough.

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frick off with telling me what to do. You negotiate BEFORE services are rendered, not after, dip shite.

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we get it, you are the dip shite that pays whatever bill is laid out in front of you. for the rest of us if we feel like something is unfair we have balls and talk to the company and see what can be worked out.