Legal Question in Credit and Debt Law in Indiana

Paid in full

My son was born with 10 adult teeth missing and had to have 2 surgerys. I had these done in Indiana while i was working to be covered by insurance.On the second surgery the surgion called and got aurthoization.after the procedure was done and i retired and moved to florida .the insurance would not pay. the surgeon would not send the medical records to get a proper review but was useing them for seminars, and sent it to collections.after hireing a lawyer 6mos later i recieved them and on the third insurance review they agreed to pay all of the procedure minus his interest. I sent him my check with PAID IN FULL on the check and a letter.He cashed it after 3 months and never reported it to the collection agency. its now 2 years later with no contact. and we are trying to buy a house and its on our credit. now he wants the interest he caused by not sending the medical records also my son signed the authorization for surgery not me. any help i would appreciate.

Thank You


Asked on 6/13/02, 4:12 pm

2 Answers from Attorneys
John Bator Bator Redman & Shive

Re: Paid in full

Merely putting paid in full on the check does not prevent a creditor from cashing it, applying it to the debt and then collecting the balance-there has to be more in the way of a clear agreement to accept the funds in full satisfaction of the debt.

However, you may have other defenses and actions available although none of them help in the short run. You can write the credit bureau and dispute the debt showing them a copy of the cancelled check and claiming that you paid the debt in full and dispute any additional costs or charges. You may have relief against the MD under the fair debt collections practice act for failing to report your payment. There are other issues raised in your inquiry that with more detail could help, but you should consult an atty with expertise in this area if your problem continues.

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Answered on 6/14/02, 12:11 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Paid in full

The previous reply is as comprehensive as can be in this limited space.

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Answered on 6/14/02, 1:49 pm


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