Legal Question in Credit and Debt Law in Missouri

What tactics can a collection agency use to harrase me?

I have an old medical bill which I have been paying $10 a month to a collection agency. They have been cashing these checks. This past year they added a new medical bill which I was not aware of and started harrasing me about making payment in full. They are still cashing the monthly payment but say they are going to send someone to my office to serve me with legal papers and that I have to put the bill on my charge card. I have read that I don't have to do this and am wondering if what they are doing is legal. The medical bill which was added this year is from 1993 and the hospital has confirmed the bill but the agency never made me aware of the bill until this year. I thought that I had almost paid off the full bill but now am about $450 more in debt. The collection agency also says that they will take me to court and I will have to pay for the legal fees as well if I don't make payment in full. Can they do these things? Why won't they negotiate for a larger monthly payment instead of payment in full? and as long as they are cashing our checks isn't that a form of agreement?


Asked on 4/16/98, 10:26 am

1 Answer from Attorneys

In a word, I think you're right.

You certainly don't have to (and I would not if I were you!) authorize them to use your credit card number.

I also wonder whether the old bill being added suddenly like that was really fair, but it does appear that you acknowledge that you incurred the charge legitimately. (Did you?)Standard billing procedures are to make you aware of a bill, (usually around the time you incur the charge!) and to give you a chance to contest it if it happens to be in error, before starting to send it off for collection.

Then when the collection agency first gets the bill and makes you aware of it, I believe you have another chance to deny it's validity before they start trying to collect it from you, but that opportunity may be gone by now.

By the way, I'm not very sure of the advice I've given you, especially since this area of law varies from one state to another and I have no knowledge of your state's laws at all.So take it with a grain of salt.

For a few hundred dollars, practically speaking, no legal actions are likely to be instituted against you except perhaps an informal "small claims" type of procedure if your state has that, but I'm not sure why they'd do that -- you seem already to admit you owe the money, so they don't need a judgment, and you're paying it off, too, so they don't need to force you to start paying within your budget.

They're under no obligation to negotiate a higher payment nor to accept your offer of a higher payment, but they'll probably accept anything you'll give them as long as you keep sending that check in; that's my personal opinion, not legal advice.

This message is provided to assist you in structuring your thoughtswhen you speak with an attorney about your situation. I am not yourattorney, and you are not my client, so this is not legal advice. Legaladvice can only be given after a careful interview of the client by theattorney, and I have not had the opportunity to understand thesignificant issues that I must understand to render legal advice. Youshould contact an attorney in your state to discuss your situation. Thatattorney can give you the advice that your situation deserves, aftercarefully considering the issues that are legally significant in yoursituation.

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Answered on 5/06/98, 11:13 am


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