Legal Question in Consumer Law in Missouri

Consumer Breach of Contract

My wife is being sued by a 3rd party creditor for the unpaid balance with interest and legal fees charged on a 15 min old physician qualified credit card she mistakingly signed off for the balance of instead of what she thought was her qualifying amount.

The ''doctor'' billed her for the entire regiment of treatments instead of the one in the introductory offer.

After the treatment(she actually passed out from the pain) she informed them she would not be wanting any further treatments.

The ''permission to treat'' paper has a clause about no refunds on services or pre-payments.

She called the credit card company after receiving the statement that showed the extra charges she mistakingly authorized. Since no further service was performed the credit co said they would remove the charges. Pament was made for that day by check but just deducted from the entire balance.

Thinking this was all behind and me shredding mail not recognized, a Subpoena arrived for this 3rd party creditor to sue us in court for the charges still owed from the credit card.

They are suing for a breach of contract for the balance owed the credit card.

Is a ''permission to treat'' paper a legal contract for service and is a charge for no service legal?


Asked on 4/29/08, 4:53 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Consumer Breach of Contract

You may very well have a defense under Chapter 407, RSMo (2007). You need to contact an attorney locally who can help you. This is a situation where the physician may have intentionally deceived you about your credit card authorization. You need someone skilled in representing people in this situation.

If you have a date to appear for the lawsuit, make sure you do not miss it. If it comes up before you hire a lawyer, make sure to go and ask the judge for more time to find a lawyer.

Good luck.

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Answered on 4/29/08, 5:22 pm


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